Housing Act 1985

PART IINTRODUCTORY PROVISIONS

Local housing authorities

1Local housing authorities.

In this Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

2The district of a local housing authority.

(1)References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London or the Isles of Scilly, as the case may be.

(2)References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.

3Buildings situated in more than one district.

(1)Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that—

(a)the building, or

(b)the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,

shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.

(2)Whilst the agreement is in force the enactments relating to housing have effect accordingly.

Other authorities and bodies

4Other descriptions of authority.

In this Act—

(a)“housing authority” means a local housing authority, a new town corporation or the Development Board for Rural Wales;

(b)“new town corporation” means a development corporation or the Commission for the New Towns;

(c)“development corporation” means a development corporation established by an order made, or having effect as if made, under the [1981 c. 64.] New Towns Act 1981;

(d)“urban development corporation” means an urban development corporation established under Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

(e)“local authority” means a county, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), 438, 441, 442, 443, 444(4), 452(2), 453(2), 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes the Inner London Education Authority and a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985.

5Housing associations.

(1)In this Act “housing association” means a society, body of trustees or company—

(a)which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

(2)In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a)restrict membership to persons who are tenants or prospective tenants of the association, and

(b)preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a society registered under the [1965 c. 12.] Industrial and Provident Societies Act 1965.

(3)In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members' own labour.

(4)References in this Act to registration in relation to a housing association are to registration under the [1985 c. 69.] Housing Associations Act 1985.

6Housing trusts.

In this Act “housing trust” means a corporation or body of persons which—

(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

Supplementary provisions

7Index of defined expressions: Part I.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

PART IIPROVISION OF HOUSING ACCOMMODATION

Main powers and duties of local housing authorities

8Periodical review of housing needs.

(1)Every local housing authority shall consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation.

(2)For that purpose the authority shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of inspections and surveys carried out under section 605 (periodical review of housing conditions).

9Provisions of housing accommodation.

(1)A local housing authority may provide housing accommodation—

(a)by erecting houses, or converting buildings into houses, on land acquired by them for the purposes of this Part, or

(b)by acquiring houses.

(2)The authority may alter, enlarge, repair or improve a house so erected, converted or acquired.

(3)These powers may equally be exercised in relation to land acquired for the purpose—

(a)of disposing of houses provided, or to be provided, on the land, or

(b)of disposing of the land to a person who intends to provide housing accommodation on it.

(4)A local housing authority may not under this Part provide a cottage with a garden of more than one acre.

10Provision of furnishings and fittings.

(1)A local housing authority may fit out, furnish and supply a house provided by them under this Part with all requisite furniture, fittings and conveniences.

(2)A local housing authority may sell, or supply under a hire-purchase agreement or a conditional sale agreement, furniture to the occupants of houses so provided, and may for that purpose buy furniture.

(3)In subsection (2) “conditional sale agreement” and “hire-purchase agreement” have the same meaning as in the [1974 c. 39.] Consumer Credit Act 1974.

11Provision of board and laundry facilities.

(1)A local housing authority may provide in connection with the provision of housing accommodation by them under this Part—

(a)facilities for obtaining meals and refreshments, and

(b)facilities for doing laundry and laundry services,

such as accord with the needs of the persons for whom the housing accommodation is provided.

(2)The authority may make reasonable charges for meals and refreshments provided by virtue of this section and for the use of laundry facilities or laundry services so provided.

(3)A justices' licence under the [1964 c. 26] Licensing Act 1964 for the sale of intoxicating liquor in connection with the provision of facilities for obtaining meals and refreshments under this section shall only authorise the sale of such liquor for consumption with a meal.

(4)A local housing authority in carrying on activities under this section is subject to all relevant enactments and rules of law, including enactments relating to the sale of intoxicating liquor, in the same manner as other persons carrying on such activities.

12Provision of shops, recreation grounds, etc.

(1)A local housing authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided by them under this Part—

(a)buildings adapted for use as shops,

(b)recreation grounds, and

(c)other buildings or land which, in the opinion of the Secretary of State, will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(2)The Secretary of State may, in giving his consent, by order apply, with any necessary modifications, any statutory provisions which would have been applicable if the land or buildings had been provided under any enactment giving a local authority powers for the purpose.

(3)The power conferred by subsection (1) may be exercised either by the local housing authority themselves or jointly with another person.

13Provision of streets, roads and open spaces and development generally.

(1)A local housing authority may lay out and construct public streets or roads and open spaces on land acquired by them for the purposes of this Part.

(2)Where they dispose of land to a person who intends to provide housing accommodation on it, they may contribute towards the expenses of the development of the land and the laying out and construction of streets on it, subject to the condition that the streets are dedicated to the public.

14Exercise of powers by authority outside district.

(1)A local housing authority may, for supplying the needs of their district, exercise outside their district the powers conferred by sections 9 to 13 (provision of housing accommodation and related powers).

(2)A district council shall before doing so give notice of their intention—

(a)to the council of the county in which their district is situated, and

(b)if they propose to exercise the power outside that county, to the council of the county in which they propose to exercise the power;

but failure to give notice does not invalidate the exercise of the power.

(3)Where housing operations under this Part are being carried out by a local housing authority outside their own district, the authority’s power to execute works necessary for the purposes of, or incidental to the carrying out of, the operations, is subject to entering into an agreement with the council of the county, London borough or district in which the operations are being carried out, as to the terms and conditions on which the works are to be executed.

(4)Where housing operations under this Part have been carried out by a local housing authority outside their own district, and for the purposes of the operations public streets or roads have been constructed and completed by the authority, the liability to maintain the streets or roads vests in the council which is the local highway authority for the area in which the operations were carried out unless that council are satisfied that the streets or roads have not been properly constructed.

(5)Where a local housing authority carry out housing operations outside their own district, any difference arising between that authority and any authority in whose area the operations are carried out may be referred by either authority to the Secretary of State whose decision shall be final and binding on them.

Powers of authorities in London

15Additional powers of authorities in London.

(1)A London borough council may provide and maintain in connection with housing accommodation provided by them under this Part buildings or parts of buildings adapted for use for any commercial purpose.

(2)A local housing authority in Greater London may make arrangements for the rehousing of any person by another such authority; and the arrangements may include provision for the payment of contributions by the former authority to the latter.

(3)The council of an Inner London borough and the Common Council of the City of London may, for the purpose of facilitating the erection of houses in their district, suspend, alter or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets or the construction of sewers or of buildings intended for human habitation.

(4)The powers conferred by subsections (1) and (3) are exercisable only with the consent of the Secretary of State.

16Exercise of powers outside Greater London.

(1)A local housing authority in Greater London shall not exercise any powers under this Part outside Greater London unless it appears to the Secretary of State, on an application by the authority, expedient that the needs of the authority’s district with respect to the provision of housing accommodation should be satisfied by the provision of such accommodation outside Greater London, and he consents to the exercise of the power.

(2)The power conferred by section 15(1) (provision of commercial buildings) shall not be exercised outside Greater London except with the consent of the council of the district concerned.

Acquisition of land, etc.

17Acquisition of land for housing purposes.

(1)A local housing authority may for the purposes of this Part—

(a)acquire land as a site for the erection of houses,

(b)acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings,

(c)acquire land proposed to be used for any purpose authorised by sections 11, 12 and 15(1) (facilities provided in connection with housing accommodation), and

(d)acquire land in order to carry out on it works for the purpose of, or connected with, the alteration, enlarging, repair or improvement of an adjoining house.

(2)The power conferred by subsection (1) includes power to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it.

(3)Land may be acquired by a local housing authority for the purposes of this Part by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.

(4)A local housing authority may, with the consent of, and subject to any conditions imposed by, the Secretary of State, acquire land for the purposes of this Part notwithstanding that the land is not immediately required for those purposes; but an authority shall not be so authorised to acquire land compulsorily unless it appears to the Secretary of State that the land is likely to be required for those purposes within ten years from the date on which he confirms the compulsory purchase order.

18Duties with respect to buildings acquired for housing purposes.

(1)Where a local housing authority acquire a building which may be made suitable as a house, they shall forthwith proceed to secure that the building is so made suitable either by themselves executing any necessary works or by leasing it or selling it to some person subject to conditions for securing that he will so make it suitable.

(2)Where a local housing authority—

(a)acquire a house, or

(b)acquire a building which may be made suitable as a house and themselves carry out any necessary work as mentioned in subsection (1),

they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary works, secure that the house or building is used as housing accommodation.

19Appropriation of land.

(1)A local housing authority may appropriate for the purposes of this Part any land for the time being vested in them or at their disposal; and the authority have the same powers in relation to land so appropriated as they have in relation to land acquired by them for the purposes of this Part.

(2)Where a local housing authority have acquired or appropriated land for the purposes of this Part, they shall not, without the consent of the Secretary of State, appropriate any part of the land consisting of a house or part of a house for any other purpose.

(3)The Secretary of State’s consent may be given—

(a)either generally to all local housing authorities or to a particular authority or description of authority, and

(b)either in relation to particular land or in relation to land of a particular description;

and it may be given subject to conditions.

Housing management

20Application of housing management provisions.

(1)The following provisions of this Part down to section 26 (general provisions on housing management matters) apply in relation to all houses held by a local housing authority for housing purposes.

(2)References in those provisions to an authority’s houses shall be construed accordingly.

21General powers of management.

(1)The general management, regulation and control of a local housing authority’s houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority.

(2)Subsection (1) has effect subject to section 27 (agreements for exercise of housing management functions by co-operative).

22Allocation of housing.

A local housing authority shall secure that in the selection of their tenants a reasonable preference is given to—

(a)persons occupying insanitary or overcrowded houses,

(b)persons having large families,

(c)persons living under unsatisfactory housing conditions, and

(d)persons towards whom the authority are subject to a duty under section 65 or 68 (persons found to be homeless).

23Byelaws.

(1)A local housing authority may make byelaws for the management, use and regulation of their houses.

(2)A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway.

(3)A local housing authority shall as respects their lodging-houses by byelaws make sufficient provision for the following purposes—

(a)for securing that the lodging-houses are under the management and control of persons appointed or employed by them for the purpose,

(b)for securing the due separation at night of men and boys above eight years old from women and girls,

(c)for preventing damage, disturbance, interruption and indecent and offensive language and behaviour and nuisances, and

(d)for determining the duties of the persons appointed by them;

and a printed copy or a sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room in the lodging-houses.

24Rents.

(1)A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.

(2)The authority shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.

25Increase of rent where tenancy not secure.

(1)This section applies where a house is let by a local housing authority on a weekly or other periodic tenancy which is not a secure tenancy.

(2)The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the authority to the tenant.

(3)The notice is not effective unless—

(a)it is given at least four weeks before the beginning of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made,

(b)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

(c)it gives him the dates by which, if in accordance with subsection (4) the increase is not to be effective, a notice to quit must be received by the authority and the tenancy be made to terminate.

(4)Where the notice is given for the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—

(a)the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy,

(b)the notice to quit is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase, and

(c)the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that period.

(5)In this section “rental period” means a period in respect of which a payment of rent falls to be made.

26Financial assistance towards tenants' removal expenses.

(1)Where a tenant of one of the houses of a local authority moves to another house (whether or not that house is also one of theirs), the authority may—

(a)pay any expenses of the removal, and

(b)where the tenant is purchasing the house, pay any expenses incurred by him in connection with the purchase, other than the purchase price.

(2)If the house belongs to the same authority subsection (1)(b) only applies if the house has never been let and was built expressly with a view to sale or for letting.

(3)The Secretary of State may give directions to authorities in general or to any particular authority—

(a)as to the expenses which may be treated (whether generally or in any particular case) as incurred in connection with the purchase of a house, and

(b)limiting the amount which they may pay in respect of such expenses.

(4)An authority may make their payment of expenses subject to conditions.

Agreements with housing co-operatives

27Agreements with housing co-operatives.

(1)A local housing authority may, with the approval of the Secretary of State, make an agreement with a housing co-operative—

(a)for the exercise by the co-operative, on such terms as may be provided in the agreement, of any of the authority’s powers relating to land in which the authority has a legal estate and for the time being holds for the purposes of this Part, and the performance by the co-operative of any of the authority’s duties relating to such land, or

(b)for the exercise by the co-operative, in connection with such land, of any of the authority’s powers under section 10 or 11 (provision of furnishings and fittings or board and laundry facilities).

(2)In this section “housing co-operative” means a society, company or body of trustees for the time being approved by the Secretary of State for the purposes of this section.

(3)The Secretary of State’s approval to the making of an agreement may be given either—

(a)generally to local housing authorities, or

(b)to particular authorities or descriptions of authority;

and may be given unconditionally or subject to conditions.

(4)The terms of the agreement may provide for the letting of land by the authority to the co-operative.

(5)Where an authority has entered into an agreement under this section, neither the agreement itself nor any letting of land in pursuance of it shall be taken into account—

(a)in determining the authority’s reckonable income or expenditure for the purposes of housing subsidy under Part XIII, or

(b)as a ground for recovering, withholding or reducing any sum under section 427 (recoupment of housing subsidy);

but this applies where the letting is by way of a shared ownership lease only if, and to the extent that, the Secretary of State so determines.

(6)A housing association is not entitled to a housing association grant under the [1985 c. 69.] Housing Associations Act 1985, or to a revenue deficit grant or hostel deficit grant under that Act, in respect of land for the time being comprised in an agreement under this section.

Powers of county councils

28Reserve powers to provide housing accommodation.

(1)County councils have the following reserve powers in relation to the provision of housing accommodation.

(2)They may undertake any activity for the purposes of, or incidental to, establishing the needs of the whole or a part of the county with respect to the provision of housing accommodation.

(3)If requested to do so by one or more local housing authorities for districts within the county, they may, with the consent of the Secretary of State, undertake on behalf of the authority or authorities the provision of housing accommodation in any manner in which they might do so.

(4)With the approval of the Secretary of State given on an application made by them, they may undertake the provision of housing accommodation in any manner in which a local housing authority for a district within the county might do so.

(5)The Secretary of State shall not give his consent under subsection (3) or his approval under subsection (4) except after consultation with the local housing authorities who appear to him to be concerned; and his consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to—

(a)the transfer of the ownership and management of housing accommodation provided by the county council to the local housing authority, and

(b)the recovery by the county council from local housing authorities of expenditure incurred by the county council in providing accommodation.

(6)Before a county council by virtue of subsection (3) or (4) exercise outside the county any power under this Part they shall give notice to the council of the county in which they propose to exercise the power; but failure to give notice does not invalidate the exercise of the power.

29Provision of accommodation for employees of county councils.

(1)A county council may provide houses for persons employed or paid by, or by a statutory committee of, the council.

(2)For that purpose the council may acquire or appropriate land in the same way as a local housing authority may acquire or appropriate land for the purposes of this Part; and land so acquired or appropriated may be disposed of by them in the same way as land held for the purposes of this Part.

Miscellaneous powers of other authorities and bodies

30Application of provisions to new town corporations, etc.

(1)The following provisions apply in relation to a new town corporation as they apply in relation to a local housing authority—

• section 25 (increase of rent where tenancy not secure), and

• section 26 (financial assistance towards tenants' removal expenses).

(2)Section 27 (agreements with housing co-operatives) applies in relation to—

(a)a new town corporation and the powers of the corporation under the [1981 c. 64.] New Towns Act 1981, and

(b)the Development Board for Rural Wales and the powers of the Board under the [1976 c. 75.] Development of Rural Wales Act 1976,

as it applies in relation to a local housing authority and the functions of such an authority referred to in that section.

31Power of bodies corporate to sell or let land for housing purposes.

A body corporate holding land may sell, exchange or lease the land for the purpose of providing housing of any description at such price, or for such consideration, or for such rent, as having regard to all the circumstances of the case is the best that can reasonably be obtained, notwithstanding that a higher price, consideration or rent might have been obtained if the land were sold, exchanged or leased for the purpose of providing housing of another description or for a purpose other than the provision of housing.

Disposal of land held for housing purposes

32Power to dispose of land held for purposes of this Part.

(1)Without prejudice to the provisions of Part V (the right to buy), a local authority have power by this section, and not otherwise, to dispose of land held by them for the purposes of this Part.

(2)A disposal under this section may be effected in any manner but, subject to subsection (3), shall not be made without the consent of the Secretary of State.

(3)No consent is required for the letting of land under a secure tenancy or under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 (tenancies, other than long leases, which are not secure).

(4)For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, land is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.

(5)Sections 128 to 132 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845 (which require surplus land first to be offered to the original owner and to adjoining land-owners) do not apply to the sale by a local authority of land held by them for the purposes of this Part.

33Covenants and conditions which may be imposed.

(1)On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.

(2)But a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—

(a)a condition limiting the price or premium which may be obtained on a further disposal of a house;

(b)in the case of a sale, a condition reserving a right of pre-emption;

(c)in the case of a lease, a condition precluding the lessee from assigning the lease or granting a sub-lease.

(3)In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—

(a)he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and

(b)the authority refuse the offer or fail to accept it within one month after it is made.

(4)References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.

34Consents under ss. 32 and 33.

(1)This section applies in relation to the giving of the Secretary of State’s consent under section 32 or 33.

(2)Consent may be given—

(a)either generally to all local authorities or to a particular authority or description of authority;

(b)either in relation to particular land or in relation to land of a particular description.

(3)Consent may be given subject to conditions.

(4)Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on the disposal including conditions as to the amount by which on the disposal of a house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

35Repayment of discount on early disposal.

(1)This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.

(2)On the disposal the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to pay to the authority on demand, if within a period of five years there is a relevant disposal which is not an exempted disposal (but if there is more than one such disposal then only on the first of them), an amount equal to the discount, reduced by 20 per cent for each complete year which has elapsed after the conveyance, grant or assignment and before the further disposal.

36Liability to repay is a charge on the premises.

(1)The liability that may arise under the covenant required by section 35 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.

(2)The charge has priority immediately after any legal charge securing an amount—

(a)left outstanding by the purchaser, or

(b)advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal, or

(c)further advanced to him by that institution;

but the local authority may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to a legal charge securing an amount advanced or further advanced to the purchaser by that institution.

(3)A charge taking effect by virtue of this section is a land charge for the purposes of section 59 of the [1925 c. 21.] Land Registration Act 1925 notwithstanding subsection (5) of that section (exclusion of mortgages), and subsection (2) of that section applies accordingly with respect to its protection and realisation.

(4)The approved lending institutions for the purposes of this section are—

• a building society,

• a bank,

• a trustee savings bank,

• an insurance company,

• a friendly society,

and any body specified, or of a class or description specified, in an order made under section 156 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this section.

37Restriction on disposal of dwelling-houses in National Parks, etc.

(1)Where a conveyance, grant or assignment executed under section 32 is of a house situated in—

(a)a National Park.

(b)an area designated under section 87 of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949 as an area of outstanding natural beauty, or

(c)an area designated as a rural area by order under section 157 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this section),

the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) (right of pre-emption or restriction on assignment)) contain a covenant limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house in the manner specified below.

(2)The limitation is that until such time (if any) as may be notified in writing by the local authority to the purchaser or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the authority; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3).

(3)The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent—

(a)had his place of work in a region designated by order under section 157(3) which, or part of which, is comprised in the National Park or area, or

(b)had his only or principal home in such a region;

or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.

(4)A disposal in breach of such a covenant as is mentioned in subsection (1) is void.

(5)The limitation imposed by such a covenant is a local land charge and, if the land is registered under the [1925 c. 21.] Land Registration Act 1925, the Chief Land Registrar shall enter the appropriate restriction on the register of title as if application therefore had been made under section 58 of that Act.

(6)In this section “purchaser” means the person acquiring the interest disposed of by the first disposal.

38Relevant disposals.

(1)A disposal, whether of the whole of part of the house, is a relevant disposal for the purposes of this Part if it is—

(a)a conveyance of the freehold or an assignment of the lease, or

(b)the grant of a lease of sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.

(2)For the purposes of subsection (1)(b) it shall be assumed—

(a)that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and

(b)that any option to terminate a lease or sub-lease is not exercised.

39Exempted disposals.

(1)A disposal is an exempted disposal for the purposes of this Part if—

(a)it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2));

(b)it is a vesting of the whole of the house in a person taking under a will or on an intestacy;

(c)it is a disposal of the whole of the house in pursuance of an order made under section 24 of the [1973 c. 18.] Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 2 of the [1975 c. 63.] Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate;

(d)it is a compulsory disposal; or

(e)the property disposed of is property included with the house by virtue of the defintiion of “house” in section 56 (yard, garden, outhouses, &c.).

(2)For the purposes of subsection (1)(a), a person is a qualifying person in relation to a disposal if—

(a)he is the person or one of the persons by whom the disposal is made,

(b)he is the spouse or a former spouse of that person or one of those persons, or

(c)he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.

40Meaning of “compulsory disposal”.

In this Part a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

41Exempted disposals which end liability under covenants.

Where there is a relevant disposal which is an exempted disposal by virtue of section 39(1)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.)—

(a)the covenant required by section 35 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant and the charge taking effect by virtue of section 36 (liability to repay a charge on the premises) cease to apply in relation to the property disposed of, and

(b)any such covenant as is mentioned in section 37 (restriction on disposal of houses in National Parks, etc.) ceases to apply in relation to the property disposed of.

42Treatment of options.

(1)For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

(2)For the purposes of section 37(2) (requirement of consent to disposal of house in National Park etc.) a consent to such a grant shall be treated as a consent to a disposal made in pursuance of the option.

43Consent required for certain disposals not within s. 32.

(1)The consent of the Secretary of State is required for the disposal by a local authority, otherwise than in pursuance of Part V (the right to buy), of a house belonging to the authority—

(a)which is let on a secure tenancy, or

(b)of which a lease has been granted in pursuance of Part V,

but which has not been acquired or appropriated by the authority for the purposes of this Part.

(2)Consent may be given—

(a)either generally to all local authorities or to any particular local authority or description of authority, and

(b)either generally in relation to all houses or in relation to any particular house or description of house.

(3)Consent may be given subject to conditions.

(4)Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on a disposal of the house, including conditions as to the amount by which, on a disposal of the house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

(5)For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, a house to which this section applies is a disposal and a consent given under this section to such a disposal extends to a disposal made in pursuance of the option.

44Avoidance of certain disposals of houses without consent.

(1)A disposal of a house by a local authority made without the consent required by section 32 or 43 is void, unless—

(a)the disposal is to an individual (or to two or more individuals), and

(b)the disposal does not extend to any other house.

(2)Subsection (1) has effect notwithstanding section 29 of the [1959 c. 53.] Town and Country Planning Act 1959 and section 128(2) of the [1972 c. 70.] Local Government Act 1972 (protection of purchasers dealing with authority).

(3)In this section “house” does not have the extended meaning applicable by virtue of the definition of “housing accommodation” in section 56, but includes a flat.

Restriction on service charges

45Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house.

(1)The following provisions of this Part down to section 51 (restrictions on, and provision of information about, services charges) apply where—

(a)a house has been disposed of by a public sector authority,

(b)the conveyance or grant, or, in the case of an assignment of a lease, the lease, enabled the vendor or lessor to recover from the purchaser or lessee a service charge, and

(c)the house is not a flat within the meaning of sections 18 to 30 of the [1985 c. 70.] Landlord and Tenant Act 1985 (which make provision for flats corresponding to that made by the following provisions of this Act).

(2)In subsection (1)(a)—

(a)the reference to disposal is to the conveyance of the freehold or the grant or assignment of a long lease (that is, a lease creating a long tenancy as defined in section 115); and

(b)“public sector authority” means—

• a local authority,

• a new town corporation,

• an urban development corporation,

• the Development Board for Rural Wales,

• the Housing Corporation, or

• a registered housing association.

(3)The following provisions—

• section 170 (power of Secretary of State to given assistance in connection with legal proceedings), and

• section 181 (jurisdiction of county court),

apply to proceedings and questions arising under this section and sections 46 to 51 as they apply to proceedings and questions arising under Part V (the right to buy).

46Meaning of “service charge” and related expressions.

(1)In sections 45 to 51 “service charge” means an amount payable by the purchaser or lessee—

(a)which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the vendor’s or lessor’s costs of management, and

(b)the whole or part of which varies or may vary according to the relevant costs.

(2)The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the payee, or (in the case of a lease) a superior landlord, in connection with the matters for which the service charge is payable.

(3)For this purpose—

(a)“costs” includes overheads, and

(b)costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.

(4)In relation to a service charge—

(a)the “payee” means the person entitled to enforce payment of the charge, and

(b)the “payer” means the person liable to pay it.

47Limitation of service charges.

(1)Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

(a)only to the extent that they are reasonably incurred, and

(b)where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;

and the amount payable shall be limited accordingly.

(2)Where the service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.

(3)An agreement by the payer (other than an arbitration agreement within the meaning of section 32 of the [1950 c. 27.] Arbitration Act 1950) is void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question—

(a)whether an amount payable before costs for services, repairs, maintenance, insurance or management are incurred is reasonable,

(b)whether such costs were reasonably incurred, or

(c)whether services or works for which costs were incurred are of a reasonable standard.

48Information as to relevant costs.

(1)The payer may require the payee in writing to supply him with a written summary of the costs incurred—

(a)if the relevant accounts are made up for periods of twelve months, in the last such period ending not later than the date of the request, or

(b)if the accounts are not so made up, in the period of twelve months ending with the date of the request,

and which are relevant to the service charges payable or demanded as payable in that or any other period.

(2)The payee shall comply with the request within one month of the request or within six months of the end of the period referred to in subsection (1)(a) or (b), whichever is the later.

(3)The summary shall set out those costs in a way showing how they are or will be reflected in demands for service charges and must be certified by a qualified accountant as in his opinion a fair summary complying with this requirement and as being sufficiently supported by accounts, receipts and other documents which have been produced to him.

(4)Where the payer has obtained such a summary as is referred to in subsection (1) (whether in pursuance of this section or otherwise, he may within six months of obtaining it require the payee in writing to afford him reasonable facilities—

(a)for inspecting the accounts, receipts and other documents supporting the summary, and

(b)for taking copies of extracts from them,

and the payee shall then make such facilities available to the payer for a period of two months beginning not later than one month after the request is made.

(5)A request under this section shall be deemed to be served on the payee if it is served on a person who receives the service charge on behalf of the payee; and a person on whom a request is so served shall forward it as soon as possible to the payee.

(6)A disposal of the house by the payer does not affect the validity of a request made under this section before the disposal; but a person is not obliged to provide a summary or make the facilities available more than once for the same house and for the same period.

49Information held by superior landlord.

(1)If a request under section 48(1) (information about costs incurred) relates in whole or in part to relevant costs incurred by or on behalf of a superior landlord and the payee is not in possession of the relevant information—

(a)he shall in turn make a written request for the relevant information to the person who is his landlord (and so on if that person is not himself the superior landlord) and the superior landlord shall comply with that request within a reasonable time, and

(b)the payee shall then comply with the payer’s request, or that part of it which relates to the relevant costs incurred by or on behalf of the superior landlord, within the time allowed by section 48 or such further time, if any, as is reasonable in the circumstances.

(2)If a request made under section 48(4) (inspection of supporting accounts, receipts, etc.) relates to a summary of costs incurred by or on behalf of a superior landlord, the payee shall forthwith inform the payer of that fact and of the name and address of the superior landlord; and section 48(4) shall then apply as if the superior landlord were the payee.

50Offences.

(1)If a person fails without reasonable excuse to perform a duty imposed on him by section 48 or 49 (provision of information, &c.), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(2)Subsection (1) does not apply where the payee is—

• a local authority,

• a new town corporation, or

• the Development Board for Rural Wales.

51Meaning of “qualified accountant”.

(1)The reference to a “qualified accountant” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.

(2)A person has the necessary qualification if he is a member of one of the following bodies—

• the Institute of Chartered Accountants in England and Wales,

• the Institute of Chartered Accountants in Scotland,

• the Association of Certified Accountants,

• the Institute of Chartered Accountants in Ireland, or

• any other body of accountants established in the United Kingdom and recognised by the Secretary of State for the purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act 1985,

or if he is a person who is for the time being authorised by the Secretary of State under section 389(1)(b) of that Act (or the corresponding provision of the [1948 c. 38.] Companies Act 1948) as being a person with similar qualifications obtained outside the United Kingdom.

(3)A Scottish firm has the necessary qualification if each of the partners in it has the necessary qualification.

(4)The following are disqualified from acting—

(a)a body corporate, except a Scottish firm;

(b)an officer or employee of the payee or, where the payee is a company, of an associated company;

(c)a person who is a partner or employee of any such officer or employee.

(5)For the purposes of subsection (4)(b) a company is associated with the payee company if it is (within the meaning of section 736 of the Companies Act 1985) the payee’s holding company or subsidiary or is a subsidiary of the payee’s holding company.

(6)Where the payee is a local authority, a new town corporation or the Development Board for Rural Wales—

(a)the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and

(b)subsection (4)(b) (disqualification of officers and employees) does not apply.

Miscellaneous

52Compliance with minimum standards in erection of houses.

A local housing authority by whom a house is erected under the enactments relating to housing, whether with or without financial assistance from the government, shall secure—

(a)that a fair wages clause complying with the requirements of any resolution of the House of Commons for the time being in force with respect to contracts for government departments is inserted in all contracts for the erection of the house, and

(b)that, in except in so far as the Secretary of State may, in a particular case, dispense with the observance of this paragraph, the house is provided with a fixed bath in a bathroom.

53Prefabs deemed to be houses provided under this Part.

(1)This section applies to prefabs, that is to say structures made available to a local authority under section 1 of the [1944 c. 36.] Housing (Temporary Accommodation) Act 1944 (“the 1944 Act”).

(2)For the purposes of this Act prefabs shall be deemed to be houses provided by the local housing authority under this Part.

(3)A prefab and the land on which it is situated may, if immediately before the repeal of the 1944 Act (on 25th August 1972) it was deemed to be land acquired for the purposes of Part V of the [1957 c. 56.] Housing Act 1957, be appropriated or disposed of by the local housing authority in the same way as any other land acquired or deemed to be acquired for the purposes of this Part.

(4)The provisions of this section do not affect any obligation of a local housing authority to another person as respects the removal or demolition of a prefab.

(5)References in this section to a prefab include fittings forming part of it.

Supplementary provisions

54Powers of entry.

(1)A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—

(a)where it appears to the authority or Secretary of State that survey or examination is necesary in order to determine whether any powers under this Part should be exercised in respect of the premises, or

(b)in the case of premises which the authority are authorised by this Part to purchase compulsorily.

(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.

55Penalty for obstruction.

(1)It is a summary offence to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2)A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.

56Minor definitions.

In this Part—

• “house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

• “housing accommodation” includes flats, lodging-houses and hostels, and “house” shall be similarly construed;

• “lodging-houses” means houses not occupied as separate dwellings;

• “member of family” in relation to a person, has the same meaning as in Part V (the right to buy);

• “owner”, in relation to premises—

  (a)

  means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and

  (b)

  includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

57Index of defined expressions: Part II.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

PART IIIHOUSING THE HOMELESS

Main definitions

58Homelessness and threatened homelessness.

(1)A person is homeless if he has no accommodation in England, Wales or Scotland.

(2)A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him—

(a)is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

(b)has an express or implied licence to occupy, or Scotland has a right or permission or an implied right or permission to occupy, or

(c)occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

(3)A person is also homeless if he has accommodation but—

(a)he cannot secure entry to it, or

(b)it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or

(c)it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

(4)A person is threatened with homelessness if it is likely that he will become homeless within 28 days.

59Priority need for accommodation.

(1)The following have a priority need for accommodation—

(a)a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;

(b)a person with whom dependent children reside or might reasonably be expected to reside;

(c)a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

(d)a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

(2)The Secretary of State may by order made by statutory instrument—

(a)specify further descriptions of persons as having a priority need for accommodation, and

(b)amend or repeal any part of subsection (1).

(3)Before making such an order the Secretary of State shall consult such association representing relevant authorities, and such other persons, as he considers appropriate.

(4)No order shall be made unless a draft of it has been approved by resolution of each House of Parliament.

60Becoming homeless intentionally.

(1)A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2)A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(3)For the purposes of subsection (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(4)Regard may be had, in determining whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he applied for accommodation or for assistance in obtaining accommodation.

61Local connection.

(1)References in this Part to a person having a local connection with the district of a local housing authority are to his having a connection with that district—

(a)because he is, or in the past was, normally resident in that district, and that residence is or was of his own choice, or

(b)because he is emplopyed in that district, or

(c)because of family associations, or

(d)because of special circumstances.

(2)For the purposes of this section—

(a)a person is not employed in a district if he is serving in the regular armed forces of the Crown;

(b)residence in a district is not of a person’s own choice if he becomes resident in it because he, or a person who might reasonably be expected to reside with him, is serving in the regular armed forces of the Crown.

(3)Residence in a district is not of a persons' own choice for the purpose of this section if he, or a person who might reasonably be expected to reside with him, became resident in it because he was detained under the authority of an Act of Parliament.

(4)The Secretary of State may by order specify other circumstances in which—

(a)a person is not to be treated for the purposes of this section as employed in a district, or

(b)residence in a district is not to be treated for those purposes as of a person’s own choice.

(5)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Duties of local housing authorities with respect to homelessness and threatened homelessness

62Inquiry into cases of possible homelessness or threatened homelessness.

(1)If a person (an “applicant”) applies to a local housing authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.

(2)If they are so satisfied, they shall make any further inquiries necessary to satisfy themselves as to—

(a)whether he has a priority need, and

(b)whether he became homeless or threatened with homelessness intentionally;

and if they think fit they may also make inquiries as to whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.

63Interim duty to accommodate in case of apparent priority need.

(1)If the local housing authority have reason to believe that an applicant may be homeless and have a priority need, they shall secure that accommodation is made available for his occupation pending a decision as a result of their inquiries under section 62.

(2)This duty arises irrespective of any local connection which the applicant may have with the district of another local housing authority.

64Notification of decision and reasons.

(1)On completing their inquiries under section 62, the local housing authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.

(2)If they notify him that their decision is that he is homeless or threatened with homelessness, they shall at the same time notify him of their decision on the question whether he has a priority need.

(3)If they notify him that their decision is that he has a priority need, they shall at the same time notify him—

(a)of their decision whether he became homeless or threatened with homelessness intentionally, and

(b)whether they have notified or propose to notify another local housing authority under section 67 (referral of application on grounds of local connection).

(4)If the local housing authority notify the applicant—

(a)that they are not satisfied that he is homeless or threatened with homelessness, or

(b)that they are not satisfied that he has a priority need, or

(c)that they are satisfied that he became homeless or threatened with homelessness intentionally, or

(d)that they have notified or propose to notify another local housing authority under section 67 (referral of application on grounds of local connection),

they shall at the same time notify him of their reasons.

(5)The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

65Duties to persons found to be homeless.

(1)This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is homeless.

(2)Where they are satisfied that he has a priority need and are not satisfied that he became homeless intentionally, they shall, unless they notify another local housing authority in accordance with section 67 (referral of application on grounds of local connection), secure that accommodation becomes available for his occupation.

(3)Where they are satisfied that he has priority need but are also satisfied that he became homeless intentionally, they shall—

(a)secure that accommodation is made available for his occupation for such period as they consider will give him a reasonable opportunity of securing accommodation for his occupation, and

(b)furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

(4)Where they are not satisfied that he has a priority need, they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

66Duties to persons found to be threatened with homelessness.

(1)This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is threatened with homelessness.

(2)Where they are satisfied that he has a priority need and are not satisfied that he became threatened with homelessness intentionally, they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

(3)Where—

(a)they are not satisfied that he has a priority need, or

(b)they are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,

they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation does not cease to be available for his occupation.

(4)Subsection (2) does not affect any right of the local housing authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of accommodation.

67Referral of application to another local housing authority.

(1)If the local housing authority—

(a)are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he became homeless intentionally, but

(b)are of opinion that the conditions are satisfied for referral of his application to another local housing authority in England, Wales or Scotland,

they may notify that other authority of the fact that his application has been made and that they are of that opinion.

(2)The conditions for referral of an application to another local housing authority are—

(a)that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b)that the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and

(c)that neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.

(3)For this purpose a person runs the risk of domestic violence—

(a)if he runs the risk of violence from a person with whom, but for the risk of violence, he might reasonably be expected to reside, or from a person with whom he formerly resided, or

(b)if he runs the risk of threats of violence from such a person which are likely to be carried out.

(4)The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.

(5)An order may direct that the arrangements shall be—

(a)those agreed by any relevant authorities or associations of relevant authorities, or

(b)in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(6)No order shall be made unless a draft of the order has been approved by resolution of each House of Parliament.

68Duties to persons whose applications are referred.

(1)Where, in accordance with section 67(1), a local housing authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.

(2)If it is determined that the conditions for referral are satisfied, the notified authority shall secure that accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that accommodation becomes available for occupation by him.

(3)When the matter has been determined, the notifying authority shall notify the applicant—

(a)whether they or the notified authority are the authority whose duty it is to secure that accommodation becomes available for his occupation, and

(b)of the reasons why the authority subject to that duty are subject to it.

(4)The notice required to be given to a person under subsection (3) shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

69Provisions supplementary to ss. 63, 65 and 68.

(1)A local housing authority may perform any duty under section 65 or 68 (duties to persons found to be homeless, to secure that accommodation becomes available for the occupation of a person—

(a)by making available accommodation held by them under Part II (provision of housing) or under any other enactment.

(b)by securing that he obtains accommodation from some other person, or

(c)by giving him such advice and assistance as will secure that he obtains accommodation from some other person.

(2)A local housing authority may require a person to whom they were subject to a duty under section 63, 65 or 68 (interim duty to accommodate pending inquiries and duties to persons found to be homeless)—

(a)to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or

(b)to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.

70Protection of property of homeless persons and persons threatened with homelessness.

(1)This section applies where a local housing authority have reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom they owe a duty under section 63 (interim duty to accommodate pending inquiries), that he may be homeless) and that—

(a)there is a danger of loss of, or danger to, any personal property of his by reason of his inability to protect it or deal with it, and

(b)no other suitable arrangements have been or are being made.

(2)If the authority have become subject to a duty towards the applicant under section 63, 65(2) or (3)(a), 66(2) or 68 (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it; and if they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.

(3)The authority may for the purposes of this section—

(a)enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

(b)deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

(4)The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—

(a)the making and recovery by the authority of reasonable charges for the action taken, or

(b)the disposal by the authority, in such circumstances as may be specified, of property in relation to which they have taken action.

(5)When in the authority’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it, the authority cease to have any duty or power to take action under this section; but property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

(6)Where the authority—

(a)cease to be subject to a duty to take action under this section in respect of an applicant’s property, or

(b)cease to have power to take such action, having previously taken such action,

they shall notify the applicant of that fact and of the reason why they are of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his personal property by reason of his inability to protect it or deal with it.

(7)The notification shall be given to the applicant—

(a)by delivering it to him, or

(b)by leaving it, or sending it to him, at his last known address.

(8)References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

Administrative provisions

71Guidance to authorities by the Secretary of State.

(1)In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their functions to such guidance as may from time to time be given by the Secretary of State.

(2)The Secretary of State may given guidance either generally or to specified descriptions of authorities.

72Co-operation between authorities.

Where a local housing authority—

(a)request another local housing authority in England, Wales or Scotland, a new town corporation, a registered housing association or the Scottish Special Housing Association to assist them in the discharge of their functions under sections 62, 63, 65 to 67 and 68(1) and (2) (which relate to homelessness and threatened homelessness as such),

(b)request a social services authority in England, Wales or Scotland to exercise any of their functions in relation to a case which the local housing authority are dealing with under those provisions, or

(c)request another local housing authority in England, Wales or Scotland to assist them in the discharge of their functions under section 70 (protection of property of homeless persons and persons threatened with homelessness),

the authority to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.

Assistance for voluntary organisations

73Financial and other assistance for voluntary organisations concerned with homelessness.

(1)The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan.

(2)A local housing authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—

(a)permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,

(b)making available furniture or other goods, whether by way of gift, loan or otherwise, and

(c)making available the services of staff employed by the authority.

(3)No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—

(a)that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and

(b)that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.

(4)The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—

(a)keep proper books of account and have them audited in such manner as may be specified,

(b)keep records indicating how they have used the money, furniture or other goods or premises made available to them, and

(c)submit the books of account and records for inspection by the person giving the assistance.

(5)If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

Supplementary provisions

74False statements, withholding information and failure to disclose change of circumstances.

(1)If a person with intent to induce a local housing authority to believe, in connection with the exercise of their functions under this Part, that he or another person—

(a)is homeless or threatened with homelessness, or

(b)has a priority need, or

(c)did not become homeless or threatened with homelessness intentionally,

knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he commits a summary offence.

(2)If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

(3)A person who fails to comply with subsection (2) commits a summary offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

(4)A person guilty of an offence under this section is liable on conviction to a fine not exceeding level 4 on the standard scale.

75Meaning of accommodation available for occupation.

For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.

76Application of this Part to cases arising in Scotland.

(1)Sections 67 and 68 (referral of application to another local housing authority and duties to persons whose applications are referred) apply—

(a)to applications referred by a housing authority in Scotland in pursuance of section 5(1) of the [1977 c. 48.] Housing (Homeless Persons) Act 1977, and

(b)to persons whose applications are so transferred,

as they apply to cases arising under this Part.

(2)Section 72 (duty of other authorities to co-operate with local housing authority) applies to a request by a housing authority in Scotland under section 9(1) of the Housing (Homeless Persons) Act 1977 as it applies to a request by a local housing authority in England or Wales.

(3)In this Part, in relation to Scotland—

(a)“local housing authority” means a district or islands council and references to the district of such an authority are to the area of that council,

(b)“social services authority” means a local authority for the purposes of the [1968 c. 49.] Social Work (Scotland) Act 1968, that is to say, a regional or islands council;

and in section 72(a) (requests for co-operation) “new town corporation” includes a development corporation established under the [1968 c. 16.] New Towns (Scotland) 1968.

77Minor definitions.

In this Part—

• “relevant authority” means a local housing authority or social services authority;

• “social services authority” means a local authority for the purposes of the [1970 c. 42.] Local Authority Social Services Act 1970, as defined in section 1 of that Act;

• “voluntary organisation” means a body, not being a public or local authority, whose activities are carried on otherwise than for profit.

78Index of defined expressions: Part III.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section):—

PART IVSECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Security of tenure

79Secure tenancies.

(1)A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.

(2)Subsection (1) has effect subject to—

(a)the exceptions in Schedule 1 (tenancies which are not secure tenancies),

(b)sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and

(c)sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).

(3)The provisions of this Part apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.

(4)Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

80The landlord condition.

(1)The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

• a local authority,

• a new town corporation,

• an urban development corporation,

• the Development Board for Rural Wales,

• the Housing Corporation,

• a housing trust which is a charity, or

• a housing association or housing co-operative to which this section applies.

(2)This section applies to—

(a)a registered housing association other than a co-operative housing association, and

(b)an unregistered housing association which is a co-operative housing association.

(3)If a co-operative housing association ceases to be registered, it shall, within the period of 21 days beginning with the date on which it ceases to be registered, notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

(4)This section applies to a housing co-operative within the meaning of section 27 (agreements for exercise of authority’s housing management functions by co-operative) where the dwelling-house is comprised in an agreement under that section.

81The tenant condition.

The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

82Security of tenure.

(1)A secure tenancy which is either—

(a)a weekly or other periodic tenancy, or

(b)a tenancy for a term certain but subject to termination by the landlord,

cannot be brought to an end by the landlord except by obtaining an order of the court for the possession of the dwelling-house or an order under subsection (3).

(2)Where the landlord obtains an order for the possession of the dwelling-house, the tenancy ends on the date on which the tenant is to give up possession in pursuance of the order.

(3)Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.

(4)Section 146 of the [1925 c. 20.] Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.

83Notice of proceedings for possession or termination.

(1)The court shall not entertain—

(a)proceedings for the possession of a dwelling-house let under a secure tenancy, or

(b)proceedings for the termination of a secure tenancy,

unless the landlord has served on the tenant a notice complying with the provisions of this section.

(2)The notice shall—

(a)be in a form prescribed by regulations made by the Secretary of State,

(b)specify the ground on which the court will be asked to make an order for the possession of the dwelling-house or for the termination of the tenancy, and

(c)give particulars of that ground.

(3)Where the tenancy is a periodic tenancy the notice—

(a)shall also specify a date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force twelve months after the date so specified;

and the date so specified must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(4)Where the tenancy is a periodic tenancy, the court shall not entertain any such proceedings unless they are begun after the date specified in the notice and at a time when the notice is still in force.

(5)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) and (4) of this section do not apply to the notice.

(6)Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

84Grounds and orders for possession.

(1)The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2.

(2)The court shall not make an order for possession—

(a)on the grounds set out in Part I of that Schedule (grounds 1 to 8), unless it considers it reasonable to make the order,

(b)on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,

(c)on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;

and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.

(3)The court shall not make such an order on any of those grounds unless the ground is specified in the notice in pursuance of which proceedings for possession are begun; but the grounds so specified may be altered or added to with the leave of the court.

85Extended discretion of court in certain proceedings for possession.

(1)Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the gounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.

(2)On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—

(a)stay or suspend the execution of the order, or

(b)postpone the date of possession,

for such period or periods as the court thinks fit.

(3)On such an adjournment, stay, suspension or postponement the court—

(a)shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy (mesne profits), unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and

(b)may impose such other conditions as it thinks fit.

(4)If the conditions are complied with, the court may, if it thinks fit, discharge or rescind the order for possession.

(5)Where proceedings are brought for possession of a dwelling-house which is let under a secure tenancy and—

(a)the tenant’s spouse or former spouse, having rights of occupation under the [1983 c. 19.] Matrimonial Homes Act 1983, is then in occupation of the dwelling-house, and

(b)the tenancy is terminated as a result of those proceedings,

the spouse or former spouse shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any adjournment, stay, suspension or postponement in pursuance of this section as he or she would have if those rights of occupation were not affected by the termination of the tenancy.

86Periodic tenancy arising on termination of fixed term.

(1)Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—

(a)by effluxion of time, or

(b)by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),

a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.

(2)Where a periodic tenancy arises by virtue of this section—

(a)the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and

(b)the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;

except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.

Succession on death of tenant

87Persons qualified to succeed tenant.

A person is qualified to succeed the tenant under a secure tenancy if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—

(a)he is the tenant’s spouse, or

(b)he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;

unless, in either case, the tenant was himself a successor, as defined in section 88.

88Cases where the tenant is a successor.

(1)The tenant is himself a successor if—

(a)the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or

(b)he was a joint tenant and has become the sole tenant, or

(c)the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or

(d)he became the tenant on the tenancy being assigned to him (but subject to subsections (2) and (3)), or

(e)he became the tenant on the tenancy being vested in him on the death of the previous tenant.

(2)A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the [1973 c. 18.] Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) is a successor only if the other party to the marriage was a successor.

(3)A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.

(4)Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and—

(a)the tenant was a successor in relation to the former tenancy, and

(b)under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

89Succession to periodic tenancy.

(1)This section applies where a secure tenant dies and the tenancy is a periodic tenancy.

(2)Where there is a person qualified to succeed the tenant, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a)the tenant’s spouse is to be preferred to another member of the tenant’s family;

(b)of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

(3)Where there is no person qualified to succeed the tenant and the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate, the tenancy ceases to be a secure tenancy unless the vesting or other disposal is in pursuance of an order made under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings).

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

90Devolution of term certain.

(1)This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.

(2)The tenancy remains a secure tenancy until—

(a)it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or

(b)it is known that when it is so vested or disposed of it will not be a secure tenancy.

(3)The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—

(a)the vesting or other disposal is in pursuance of an order made under section 24 of the [1973 c. 18.] Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings), or

(b)the vesting or other disposal is to a person qualifed to succeed the tenant.

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Assignment, lodgers and subletting

91Assignment in general prohibited.

(1)A secure tenancy which is—

(a)a periodic tenancy, or

(b)a tenancy for a term certain granted on or after 5th November 1982,

is not capable of being assigned except in the cases mentioned in subsection (3).

(2)If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

(3)The exceptions are—

(a)an assignment in accordance with section 92 (assignment by way of exchange);

(b)an assignment in pursuance of an order made under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

(c)an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.

92Assignments by way of exchange.

(1)It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2).

(2)The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.

(3)The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.

(4)The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.

(5)Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.

(6)Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.

93Lodgers and subletting.

(1)It is a term of every secure tenancy that the tenant—

(a)may allow any persons to reside as lodgers in the dwelling-house, but

(b)will not, without the written consent of the landlord, sublet or part with possession of part of the dwelling-house.

(2)If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder), the tenancy ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

94Consent to subletting.

(1)This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).

(2)Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.

(3)In determining that question the following matters, if shown by the landlord, are among those to be taken into account—

(a)that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);

(b)that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.

(4)Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(5)Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).

(6)Where the tenant has applied in writing for consent, then—

(a)if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and

(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

95Assignment or subletting where tenant condition not satisfied.

(1)This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81 (occupation by the tenant) were satisfied.

(2)Sections 91 and 93(2) (restrictions on assignment or sub-letting of whole dwelling-house) apply to such a tenancy as they apply to a secure tenancy, except that—

(a)section 91(3)(b) and (c) (assignments excepted from restrictions) do not apply to such a tenancy for a term certain granted before 5th November 1982, and

(b)references to the tenancy ceasing to be secure shall be disregarded, without prejudice to the application of the remainder of the provisions in which those references occur.

Repairs and improvements

96Right to carry out repairs.

(1)The Secretary of State may by regulations make a scheme for entitling secure tenants, subject to and in accordance with the provisions of the scheme—

(a)to carry out to the dwelling-houses of which they are secure tenants repairs which their landlords are obliged by repairing covenants to carry out, and

(b)after carrying out the repairs, to recover from their landlords such sums as may be determined by or under the scheme.

(2)The regulations may make such procedural, incidental, supplementary and transitional provision as may appear to the Secretary of State to be necessary or expedient, and may in particular—

(a)provide for questions arising under the scheme to be referred to and determined by the county court;

(b)provide that where a secure tenant makes application under the scheme his landlord’s obligation under the repairing covenants shall cease to apply for such period and to such extent as may be determined by or under the scheme.

(3)The regulations may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(4)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In this section “repairing covenant”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house.

97Tenant’s improvements require consent.

(1)It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.

(2)In this Part “improvement” means any alteration in, or addition to, a dwelling-house, and includes—

(a)any addition to or alteration in landlord’s fixtures and fittings,

(b)any addition or alteration connected with the provision of services to the dwelling-house,

(c)the erection of a wireless or television aerial, and

(d)the carrying out of external decoration.

(3)The consent required by virtue of subsection (1) shall not be unreasonably withheld, and if unreasonably withheld shall be treated as given.

(4)The provisions of this section have effect, in relation to secure tenancies, in place of section 19(2) of the [1927 c. 36.] Landlord and Tenant Act 1927 (general provisions as to covenants, &c. not to make improvements without consent).

98Provisions as to consents required by s. 97.

(1)If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.

(2)In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—

(a)to make the dwelling-house, or any other premises, less safe for occupiers,

(b)to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or

(c)to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.

(3)A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(4)Where a tenant has applied in writing for a consent which is required by virtue of section 97—

(a)the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and

(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

99Conditional consent to improvements.

(1)Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions.

(2)If the tenant has applied in writing for consent and the landlord gives consent subject to an unreasonable condition, consent shall be taken to have been unreasonably withheld.

(3)If a question arises whether a condition was reasonable, it is for the landlord to show that it was.

(4)A failure by a secure tenant to satisfy a reasonable condition imposed by his landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Part as a breach by the tenant of an obligation of his tenancy.

100Power to reimburse cost of tenant’s improvements.

(1)Where a secure tenant has made an improvement and—

(a)the work on the improvement was begun on or after 3rd October, 1980,

(b)the landlord, or a predecessor in title of the landlord, has given its written consent to the improvement or is treated as having given its consent, and

(c)the improvement has materially added to the price which the dwelling-house may be expected to fetch if sold on the open market, or the rent which the landlord may be expected to be able to charge on letting the dwelling-house,

the landlord may, at or after the end of the tenancy, make to the tenant (or his personal representatives) such payment in respect of the improvement as the landlord considers to be appropriate.

(2)The amount which a landlord may pay under this section in respect of an improvement shall not exceed the cost, or likely cost, of the improvement after deducting the amount of any improvement grant, intermediate grant, special grant or repairs grant under Part XV in respect of the improvement.

(3)The power conferred by this section to make such payments as are mentioned in subsection (1) is in addition to any other power of the landlord to make such payments.

101Rent not to be increased on account of tenant’s improvements.

(1)This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made an improvement and has borne the whole or part of its cost; and for the purposes of this section a person shall be treated as having borne any cost which he would have borne but for an improvement grant, intermediate grant, special grant or repairs grant under Part XV.

(2)In determining, at any time whilst the improving tenant or his qualifying successor is a secure tenant of the dwelling-house, whether or to what extent to increase the rent, the landlord shall treat the improvement as justifying only such part of an increase which would otherwise be attributable to the improvement as corresponds to the part of the cost which was not borne by the tenant (and accordingly as not justifying an increase if he bore the whole cost).

(3)The following are qualifying successors of an improving tenant—

(a)a person in whom the tenancy vested under section 89 (succession to periodic tenancy) on the death of the tenant;

(b)a person to whom the tenancy was assigned by the tenant and who would have been qualified to succeed him if he had died immediately before the assignment,

(c)a person to whom the tenancy was assigned by the tenant in pursuance of an order made under section 24 of the [1973 c. 18.] Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

(d)a spouse or former spouse of the tenant to whom the tenancy has been transferred by an order under paragraph 22 of Schedule 1 to the [1983 c. 19.] Matrimonial Homes Act 1983.

(4)This section does not apply to an increase of rent attributable to rates.

Variation of terms of tenancy

102Variation of terms of secure tenancy.

(1)The terms of a secure tenancy may be varied in the following ways, and not otherwise—

(a)by agreement between the landlord and the tenant;

(b)to the extent that the variation relates to rent or to payments in respect of rates or services, by the landlord or the tenant in accordance with a provision in the lease or agreement creating the tenancy, or in an agreement varying it;

(c)in accordance with section 103 (notice of variation of periodic tenancy).

(2)References in this section and section 103 to variation include addition and deletion; and for the purposes of this section the conversion of a monthly tenancy into a weekly tenancy, or a weekly tenancy into a monthly tenancy, is a variation of a term of the tenancy, but a variation of the premises let under a tenancy is not.

(3)This section and section 103 do not apply to a term of a tenancy which—

(a)is implied by an enactment, or

(b)may be varied under section 93 of the [1977 c. 42.] Rent Act 1977 (housing association and other tenancies: increase of rent without notice to quit).

(4)This section and section 103 apply in relation to the terms of a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of a fixed term) as they would have applied to the terms of the first tenancy mentioned in that section had that tenancy been a periodic tenancy.

103Notice of variation of periodic tenancy.

(1)The terms of a secure tenancy which is a periodic tenancy may be varied by the landlord by a notice of variation served on the tenant.

(2)Before serving a notice of variation on the tenant the landlord shall serve on him a preliminary notice—

(a)informing the tenant of the landlord’s intention to serve a notice of variation,

(b)specifying the proposed variation and its effect, and

(c)inviting the tenant to comment on the proposed variation within such time, specified in the notice, as the landlord considers reasonable;

and the landlord shall consider any comments made by the tenant within the specified time.

(3)Subsection (2) does not apply to a variation of the rent, or of payments in respect of services or facilities provided by the landlord or of payments in respect of rates.

(4)The notice of variation shall specify—

(a)the variation effected by it, and

(b)the date on which it takes effect;

and the period between the date on which it is served and the date on which it takes effect must be at least four weeks or the rental period, whichever is the longer.

(5)The notice of variation, when served, shall be accompanied by such information as the landlord considers necessary to inform the tenant of the nature and effect of the variation.

(6)If after the service of a notice of variation the tenant, before the date on which the variation is to take effect, gives a valid notice to quit, the notice of variation shall not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.

Provision of information and consultation

104Provision of information about tenancies.

(1)Every body which lets dwelling-houses under secure tenancies shall from time to time publish information about its secure tenancies, in such form as it considers best suited to explain in simple terms, and so far as it considers it appropriate, the effect of—

(a)the express terms of its secure tenancies,

(b)the provisions of this Part and Part V (the right to buy), and

(c)the provisions of sections 11 to 16 of the [1985 c. 70.] Landlord and Tenant Act 1985 (landlord’s repairing obligations),

and shall ensure that so far as is reasonably practicable the information so published is kept up to date.

(2)The landlord under a secure tenancy shall supply the tenant with—

(a)a copy of the information for secure tenants published by it under subsection (1), and

(b)a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;

and the statement required by paragraph (b) shall be supplied on the grant of the tenancy or as soon as practicable afterwards.

105Consultation on matters of housing management.

(1)A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants who are likely to be substantially affected by a matter of housing management to which this section applies—

(a)to be informed of the authority’s proposals in respect of the matter, and

(b)to make their views known to the authority within a specified period;

and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.

(2)For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to—

(a)the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies, or

(b)the provision of services or amenities in connection with such dwelling-houses;

but not so far as it relates to the rent payable under a secure tenancy or to charges for services or facilities provided by the authority.

(3)This section applies to matters of housing management which, in the opinion of the landlord authority, represent—

(a)a new programme of maintenance, improvement or demolition, or

(b)a change in the practice or policy of the authority,

and are likely substantially to affect either its secure tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).

(4)In the case of a landlord authority which is a local housing authority, the reference in subsection (2) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.

(5)A landlord authority shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—

(a)be made available at the authority’s principal office for inspection at all reasonable hours, without charge, by members of the public, and

(b)be given, on payment of a reasonable fee, to any member of the public who asks for one.

(6)A landlord authority which is a registered housing association shall, instead of complying with paragraph (a) of subsection (5), send a copy of any document published under that subsection—

(a)to the Housing Corporation, and

(b)to the council of any district or London borough in which there are dwelling-houses let by the association under secure tenancies;

and a council to whom a copy is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

106Information about housing allocation.

(1)A landlord authority shall publish a summary of its rules—

(a)for determining priority as between applicants in the allocation of its housing accommodation, and

(b)governing cases where secure tenants wish to move (whether or not by way of exchange of dwelling-houses) to other dwelling-houses let under secure tenancies by that authority or another body.

(2)A landlord authority shall—

(a)maintain a set of the rules referred to in subsection (1) and of the rules which it has laid down governing the procedure to be followed in allocating its housing accommodation, and

(b)make them available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(3)A landlord authority which is a registered housing association shall, instead of complying with paragraph (b) of sub-section (2), send a set of the rules referred to in paragraph (a) of that subsection—

(a)to the Housing Corporation, and

(b)to the council of any district or London borough in which there are dwelling-houses let or to be let by the association under secure tenancies;

and a council to whom a set of rules is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(4)A copy of the summary published under subsection (1) shall be given without charge, and a copy of the set of rules maintained under subsection (2) shall be given on payment of a reasonable fee, to any member of the public who asks for one.

(5)At the request of a person who has applied to it for housing accommodation, a landlord authority shall make available to him, at all reasonable times and without charge, details of the particulars which he has given to the authority about himself and his family and which the authority has recorded as being relevant to his application for accommodation.

Miscellaneous

107Contributions towards costs of transfers and exchanges.

(1)The Secretary of State may with the consent of the Treasury make grants or loans towards the cost of arrangements for facilitating moves to and from homes by which—

(a)a secure tenant becomes, at his request, the secure tenant of a different landlord, or

(b)each of two or more tenants of dwelling-houses, one at least of which is let under a secure tenancy, becomes the tenant of the other or one of the others.

(2)The grants or loans may be made subject to such conditions as the Secretary of State may determine, and may be made so as to be repayable, or as the case may be repayable earlier, if there is a breach of such a condition.

108Heating charges.

(1)This section applies to secure tenants of dwelling-houses to which a heating authority supply heat produced at a heating installation.

(2)The Secretary of State may by regulations require heating authorities to adopt such methods for determining heating charges payable by such tenants as will secure that the proportion of heating costs borne by each of those tenants is no greater than is reasonable.

(3)The Secretary of State may by regulations make provision for entitling such tenants, subject to and in accordance with the regulations, to require the heating authority—

(a)to give them, in such form as may be prescribed by the regulations, such information as to heating charges and heating costs as may be so prescribed, and

(b)where such information has been given, to afford them reasonable facilities for inspecting the accounts, receipts and other documents supporting the information and for taking copies or extracts from them.

(4)Regulations under this section—

(a)May make different provision with respect to different cases or descriptions of case, including different provision for different areas;

(b)may make such procedural, incidental, supplementary and transitional provision as appears to the Secretary of State to be necessary or expedient, and may in particular provide for any question arising under the regulations to be referred to and determined by the county court; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In this section—

(a)“heating authority” means a housing authority who operate a heating installation and supply to premises heat produced at the installation;

(b)“heating installation” means a generating station or other installation for producing heat;

(c)references to heat produced at an installation include steam produced from, and air and water heated by, heat so produced;

(d)“heating charge” means an amount payable to a heating authority in respect of heat produced at a heating installation and supplied to premises, including in the case of heat supplied to premises let by the authority such an amount payable as part of the rent;

(e)“heating costs” means expenses incurred by a heating authority in operating a heating installation.

109Provisions not applying to tenancies of co-operative housing associations.

Sections 91 to 108 (assignment and subletting, repairs and improvements, variation of terms, provision of information and consultation, contributions to costs of transfers and heating charges) do not apply to a tenancy when the interest of the landlord belongs to a co-operative housing association.

Supplementary provisions

110Jurisdiction of county court.

(1)A county court has jurisdiction to determine questions arising under this Part and to entertain proceedings brought under this Part and claims, for whatever amount, in connection with a secure tenancy.

(2)That jurisdiction includes jurisdiction to entertain proceedings on the following questions—

(a)whether a consent required by section 92 (assignment by way of exchange) was withheld otherwise than on one or more of the grounds set out in Schedule 3,

(b)whether a consent required by section 93(1)(b) or 97(1) (landlord’s consent to subletting of part of dwelling-house or to carrying out of improvements) was withheld or unreasonably withheld, or

(c)whether a statement supplied in pursuance of section 104(2)(b) (written statement of certain terms of tenancy) is accurate,

notwithstanding that no other relief is sought than a declaration.

(3)If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.

111County court rules and directions.

(1)The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to—

(a)section 85 (extended discretion of court in certain proceedings for possession), and

(b)section 110 (jurisdiction of county court to determine questions arising under this Part).

(2)The rules and directions may provide—

(a)for the exercise by a registrar of a county court of any jurisdiction exercisable under the provisions mentioned in subsection (1), and

(b)for the conduct of proceedings in private.

(3)The power to make rules is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

112Meaning of “dwelling-house”.

(1)For the purposes of this Part a dwelling-house may be a house or a part of a house.

(2)Land let together with a dwelling-house shall be treated for the purposes of this Part as part of the dwelling-house unless the land is agricultural land (as defined in section 26(3)(a) of the [1967 c. 9.] General Rate Act 1967) exceeding two acres.

113Members of a person’s family.

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse of that person, or he and that person live together as husband and wife, or

(b)he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)the stepchild of a person shall be treated as his child, and

(d)an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

114Meaning of “landlord authority”.

(1)In this Part “landlord authority” means—

• a local housing authority,

• a registered housing association other than a co-operative housing association,

• a housing trust which is a charity,

• a development corporation,

• an urban development corporation, or

• the Development Board for Rural Wales,

other than an authority in respect of which an exemption certificate has been issued.

(2)The Secretary of State may, on an application duly made by the authority concerned, issue an exemption certificate to—

• a development corporation,

• an urban development corporation, or

• the Development Board for Rural Wales,

if he is satisfied that it has transferred, or otherwise disposed of, at least three-quarters of the dwellings which have at any time before the making of the application been vested in it.

(3)The application shall be in such form and shall be accompanied by such information as the Secretary of State may, either generally or in relation to a particular case, direct.

115Meaning of “long tenancy”.

(1)The following are long tenancies for the purposes of this Part, subject to subsection (2)—

(a)a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

(b)a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;

(c)any tenancy granted in pursuance of Part V (the right to buy).

(2)A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of this Part, unless—

(a)it is granted by a housing association which at the time of the grant is registered,

(b)it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, and

(c)at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the [1980 c. 51] Housing Act 1980 (conditions for exclusion of shared ownership leases from Part I of the [1967 c. 88.] Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.

116Minor definitions.

In this Part—

• “common parts”, in relation to a dwelling-house let under a tenancy, means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses let by the landlord;

• “housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes;

• “rental period” means a period in respect of which a payment of rent falls to be made;

• “term”, in relation to a secure tenancy, includes a condition of the tenancy.

117Index of defined expressions: Part IV.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

PART VTHE RIGHT TO BUY

The right to buy

118The right to buy.

(1)A secure tenant has the right to buy, that is to say, the right, in the circumstances and subject to the conditions and exceptions stated in the following provisions of this Part—

(a)if the dwelling-house is a house and the landlord owns the freehold, to acquire the freehold of the dwelling-house;

(b)if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), to be granted a lease of the dwelling-house.

(2)Where a secure tenancy is a joint tenancy then, whether or not each of the joint tenants occupies the dwelling-house as his only or principal home, the right to buy belongs jointly to all of them or to such one or more of them as may be agreed between them; but such an agreement is not valid unless the person or at least one of the persons to whom the right to buy is to belong occupies the dwelling-house as his only or principal home.

119Qualifying period for right to buy.

(1)The right to buy does not arise unless the period which, in accordance with Schedule 4, is to be taken into account for the purposes of this section is at least two years.

(2)Where the secure tenancy is a joint tenancy the condition in subsection (1) need be satisfied with respect to one only of the joint tenants.

120Exceptions to the right to buy.

The right to buy does not arise in the cases specified in Schedule 5 (exceptions to the right to buy).

121Circumstances in which the right to buy cannot be exercised.

(1)The right to buy cannot be exercised if the tenant 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 the order.

(2)The right to buy cannot be exercised if the person, or one of the persons, to whom the right to buy belongs—

(a)has a bankruptcy petition pending against him,

(b)has a receiving order in force against him,

(c)is an undischarged bankrupt, or

(d)has made a composition or arrangement with his creditors the terms of which remain to be fulfilled.

Claim to exercise right to buy

122Tenant’s notice claiming to exercise right to buy.

(1)A secure tenant claims to exercise the right to buy by written notice to that effect served on the landlord.

(2)In this Part “the relevant time”, in relation to an exercise of the right to buy, means the date on which that notice is served.

(3)The notice may be withdrawn at any time by notice in writing served on the landlord.

123Claim to share right to buy with members of family.

(1)A secure tenant may in his notice under section 122 require that not more than three members of his family who are not joint tenants but occupy the dwelling-house as their only or principal home should share the right to buy with him.

(2)He may validly do so in the case of any such member only if—

(a)that member is his spouse or has been residing with him throughout the period of twelve months ending with the giving of the notice, or

(b)the landlord consents.

(3)Where by such a notice any members of the tenant’s family are validly required to share the right to buy with the tenant, the right to buy belongs to the tenant and those members jointly and he and they shall be treated for the purposes of this Part as joint tenants.

124Landlord’s notice admitting or denying right to buy.

(1)Where a notice under section 122 (notice claiming to exercise right to buy) has been served by the tenant, the landlord shall, unless the notice is withdrawn, serve on the tenant within the period specified in subsection (2) a written notice either—

(a)admitting his right, or

(b)denying it and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to buy.

(2)The period for serving a notice under this section is four weeks where the requirement of section 119 (qualifying period for the right to buy) is satisfied by a period or periods during which the landlord was the landlord on which the tenant’s notice under section 122 was served, and eight weeks in any other case.

(3)A landlord’s notice under this section shall inform the tenant of any application for a determination under paragraph 11 of Schedule 5 (determination that right to buy not to be capable of exercise) and, in the case of a notice admitting the tenant’s right to buy, is without prejudice to any determination made on such an application.

125Landlord’s notice of purchase price and other matters.

(1)Where a secure tenant has claimed to exercise the right to buy and that right has been established (whether by the landlord’s admission or otherwise), the landlord shall—

(a)within eight weeks where the right is that mentioned in section 118(1)(a) (right to acquire freehold), and

(b)within twelve weeks where the right is that mentioned in section 118(1)(b) (right to acquire leasehold interest).

serve on the tenant a notice complying with this section.

(2)The notice shall describe the dwelling-house, shall state the price at which, in the opinion of the landlord, the tenant is entitled to have the freehold conveyed or, as the case may be, the lease granted to him and shall, for the purpose of showing how the price has been arrived at, state—

(a)the value at the relevant time,

(b)the improvements disregarded in pursuance of section 127 (improvements to be disregarded in determining value), and

(c)the discount to which the tenant is entitled, stating the period to be taken into account under section 129 (discount) and, where applicable, the amount mentioned in section 130(1) (reduction for previous discount) or section 131(1) or (2) (limits on amount of discount).

(3)The notice shall state the provisions which, in the opinion of the landlord, should be contained in the conveyance or grant.

(4)Where the notice states provisions which would enable the landlord to recover from the tenant service charges (within the meaning of section 18 of the [1985 c. 70.] Landlord and Tenant Act 1985 or section 46 of this Act), the notice shall also state—

(a)the landlord’s estimate of the average annual amount (at current prices) which would be payable in respect of each head of charge, and

(b)the aggregate of those estimated amounts.

(5)The notice shall also inform the tenant of—

(a)his right under section 128 to have the value of the dwelling-house at the relevant time determined or redetermined by the district valuer,

(b)the right to a mortgage and the effect of sections 134 and 135 (procedure for claiming to exercise that right).

(c)the effect of sections 140, 141(1), (2) and (4) and 142(1) and (2) (landlord’s notices to complete, effect of failure to comply and right to defer completion), and

(d)the effect of the provisions of this Part relating to the right to be granted a shared ownership lease;

and the notice shall be accompanied by a form for use by the tenant in claiming to exercise the right to a mortgage.

Purchase price

126Purchase price.

(1)The price payable for a dwelling-house on a conveyance or grant in pursuance of this Part is—

(a)the amount which under section 127 is to be taken as its value at the relevant time, less

(b)the discount to which the purchaser is entitled under this Part.

(2)References in this Part to the purchase price include references to the consideration for the grant of a lease.

127Value of dwelling-house.

(1)The value of a dwelling-house at the relevant time shall be taken to be the price which at that time it would realise if sold on the open market by a willing vendor—

(a)on the assumptions stated for a conveyance in subsection (2) and for a grant in subsection (3), and

(b)disregarding any improvements made by any of the persons specified in subsection (4) and any failure by any of those persons to keep the dwelling-house in good internal repair.

(2)For a conveyance the assumptions are—

(a)that the vendor was selling for an estate in fee simple with vacant possession,

(b)that neither the tenant nor a member of his family residing with him wanted to buy, and

(c)that the dwelling-house was to be conveyed with the same rights and subject to the same burdens as it would be in pursuance of this Part.

(3)For the grant of a lease the assumptions are—

(a)that the vendor was granting a lease with vacant posession for the appropriate term defined in paragraph 12 of Schedule 6 (but subject to sub-paragraph (3) of that paragraph).

(b)that neither the tenant nor a member of his family residing with him wanted to take the lease,

(c)that the ground rent would not exceed £10 per annum, and

(d)that the grant was to be made with the same rights and subject to the same burdens as it would be in pursuance of this Part.

(4)The persons referred to in subsection (1)(b) are—

(a)the secure tenant,

(b)any person who under the same tenancy was a secure tenant before him, and

(c)any member of his family who immediately before the secure tenancy was granted, was a secure tenant of the same dwelling-house under another tenancy,

but do not include, in a case where the secure tenant’s tenancy has at any time been assigned by virtue of section 92 (assignments by way of exchange), a person who under that tenancy was a secure tenant before the assignment.

128Determination of value by district valuer.

(1)Any question arising under this Part as to the value of a dwelling-house at the relevant time shall be determined by the district valuer in accordance with this section.

(2)A tenant may require that value to be determined, or as the case may be re-determined, by a notice in writing served on the landlord not later than three months after the service on him of the notice under section 125 (landlord’s notice of purchase price and other matters) or, if proceedings are then pending between the landlord and the tenant for the determination of any other question arising under this Part, within three months of the final determination of the proceedings.

(3)If such proceedings are begun after a previous determination under this section—

(a)the tenant may, by notice in writing served on the landlord within four weeks of the final determination of the proceedings, require the value of the dwelling-house at the relevant time to be re-determined, and

(b)the landlord may at any time within those four weeks, whether or not a notice under paragraph (a) is served, require the district valuer to re-determine that value;

and where the landlord requires a re-determination to be made in pursuance of this subsection, it shall serve on the tenant a notice stating that the requirement is being or has been made.

(4)Before making a determination or re-determination in pursuance of this section, the district valuer shall consider any representation made to him by the landlord or the tenant within four weeks from the service of the tenant’s notice under this section or, as the case may be, from the service of the landlord’s notice under subsection (3).

(5)As soon as practicable after a determination or re-determination has been made in pursuance of this section, the landlord shall serve on the tenant a notice stating the effect of the determination or re-determination and the matters mentioned in section 125(2) and (3) (terms for exercise of right to buy).

(6)A notice under subsection (5) shall inform the tenant of the right to a mortgage and of the effect of sections 134 and 135 (procedure for claiming to exercise that right) and shall be accompanied by a form for use by the tenant in claiming to exercise that right.

129Discount.

(1)Subject to the following provisions of this Part, a person exercising the right to buy is entitled to a discount equal to the following percentage of the price before discount—

(a)if the period which, in accordance with Schedule 4, is to be taken into account for the purposes of discount is less than three years, 32 per cent.;

(b)if that period is three years or more, 32 per cent. plus one per cent. for each complete year by which that period exceeds two years.

(2)The discount shall not exceed 60 per cent.

(3)Where joint tenants exercise the right to buy, Schedule 4 shall be construed as if for the secure tenant there were substituted that one of the joint tenants whose substitution will produce the largest discount.

130Reduction of discount where previous discount given.

(1)There shall be deducted from the discount an amount equal to any previous discount qualifying, or the aggregate of previous discounts qualifying, under the provisions of this section.

(2)A “previous discount” means a discount given before the relevant time—

(a)on conveyance of the freehold, or a grant or assignment of a long lease, of a dwelling-house by a person within paragraph 7 of Shedule 4 (public sector landlords) or, in such circumstances as may be prescribed by order of the Secretary of State, by a person so prescribed, or

(b)in pursuance of the provision required by paragraph 1 of Schedule 8 (terms of shared ownership lease: right to acquire additional shares), or any other provision to the like effect.

(3)A previous discount qualifies for the purposes of this section if it was given—

(a)to the person or one of the persons exercising the right to buy, or

(b)to the spouse of that person or one of those persons (if they are living together at the relevant time), or

(c)to a deceased spouse of that person or one of those persons (if they were living together at the time of the death);

and where a previous discount was given to two or more persons jointly, this section has effect as if each of them had been given an equal proportion of the discount.

(4)Where the whole or part of a previous discount has been recovered by the person by whom it was given (or a successor in title of his)—

(a)by the receipt of a payment determined by reference to the discount, or

(b)by a reduction so determined of any consideration given by that person (or a successor in title of his), or

(c)in any other way,

then, so much of the discount as has been so recovered shall be disregarded for the purposes of this section.

(5)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to the dwelling-house or usually enjoyed with it.

131Limits on amount of discount.

(1)Except where the Secretary of State so determines, the discount shall not reduce the price below the amount which, in accordance with a determination made by him, is to be taken as representing so much of the costs incurred in respect of the dwelling-house as, in accordance with the determination—

(a)is to be treated as incurred after 31st March 1974 (or such later date as may be specified in an order made by the Secretary of State), and

(b)is to be treated as relevant for the purposes of this sub-section;

and if the price before discount is below that amount, there shall be no discount.

(2)The discount shall not in any case reduce the price by more than such sum as the Secretary of State may by order prescribe.

(3)An order or determination under this section may make different provision for different cases or descriptions of case, including different provision for different areas.

(4)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The right to a mortgage

132The right to a mortgage.

(1)A secure tenant who has the right to buy has the right, subject to the following provisions of this Part—

(a)to leave the whole or part of the aggregate amount mentioned in section 133(1) outstanding on the security of a first mortgage of the dwelling-house, or

(b)if the landlord is a housing association, to have the whole or part of that amount advanced to him on that security by the Housing Corporation;

and in this Act that right is referred to as “the right to a mortgage.”

(2)Where the right to buy belongs jointly to two or more persons, the right to a mortgage also belongs to them jointly.

133The amount to be secured.

(1)The amount which a secure tenant exercising the right to a mortgage is entitled to leave outstanding, or have advanced to him, on the security of the dwelling-house is, subject to the limit imposed by this section, the aggregate of—

(a)the purchase price,

(b)so much of the costs incurred by the landlord or the Housing Corporation as is chargeable to the tenant under section 178(2) (costs), and

(c)any costs incurred by the tenant and defrayed on his behalf by the landlord or the Housing Corporation.

(2)The limit is that the amount which the tenant is entitiled to leave outstanding or have advanced to him on the security of the dwelling-house may not exceed—

(a)where the right to a mortgage belongs to one person, the amount to be taken into account, in accordance with regulations under this section, as his available annual income multiplied by such factor as, under the regulations, is appropriate to it;

(b)where the right to a mortgage belongs to more than one person, the aggregate of the amounts to be taken into account in accordance with the regulations as the available annual income of each of them, after multiplying each of those amounts by the factor appropriate to it under the regulations.

(3)The Secretary of State may by regulations make provision for calculating the amount which is to be taken into account under this section as a person’s available annual income and for specifying a factor appropriate to it; and the regulations—

(a)may provide for arriving at a person’s available annual income by deducting from the sums taken into account as his annual income sums related to his needs and commitments, and may exclude sums from those to be taken into account as a person’s annual income, and

(b)may specify different amounts and different factors for different circumstances.

(4)Where the amount which a secure tenant is entitled to leave outstanding on the security of the dwelling-house is reduced by the limit imposed by this section, the landlord may, if it thinks fit and the tenant agrees, treat him as entitled to leave outstanding on that security such amount exceeding the limit, but not exceeding the aggregate mentioned in subsection (1), as the landlord may determine.

(5)References in this Part to a secure tenant being entitled, or treated as entitled, to a “full mortgage” are to his being entitled, or treated as entitled, to leave outstanding or have advanced to him on the security of the dwelling-house an amount equal to the aggregate mentioned in subsection (1).

(6)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

134Tenant’s notice claiming to exercise right to a mortgage.

(1)A secure tenant cannot exercise his right to a mortgage unless he claims to exercise it by notice in writing served on the landlord, or if the landlord is a housing association, on the Housing Corporation.

(2)The notice must be served within the period of three months beginning with the service on the tenant of—

(a)where he exercises his right under section 128 (determination of value by district valuer), the notice under subsection (5) of that section (further notice by landlord after determination), or

(b)where he does not exercise that right, the notice under section 125 (landlord’s notice of purchase price and other matters),

or within that period as extended under the following provisions.

(3)Where there are reasonable grounds for doing so, the landlord or, as the case may be, the Housing Corporation shall by notice in writing served on the tenant extend (or further extend) the period within which the tenant’s notice claiming to exercise his right to a mortgage must be served.

(4)If in such a case the landlord or Housing Corporation fails to do so, the county court may by order extend or further extend that period until such date as may be specified in the order.

135Landlord’s notice of amount and terms of mortgage.

(1)As soon as practicable after the service on it of a notice under section 134, the landlord or Housing Corporation shall serve on the tenant a notice in writing stating—

(a)the amount which, in the opinion of the landlord or Housing Corporation, the tenant is entitled to leave outstanding or have advanced on the security of the dwelling-house,

(b)how that amount has been arrived at, and

(c)the provisions which, in the opinion of the landlord or Housing Corporation, should be contained in the deed by which the mortgage is to be effected.

(2)The notice shall be accompanied by a form for use by the tenant in claiming, in accordance with section 142(1), to be entitled to defer completion and shall also inform the tenant of the effect of subsection (4) of that section (right to serve further notice claiming mortgage).

(3)Where, in the opinion of the landlord or Housing Corporation, the tenant is not entitled to a full mortgage, the notice shall also inform the tenant of the effect of the provisions of this Part relating to the right to be granted a shared ownership lease and shall be accompanied by a form for use by the tenant in claiming to exercise that right in accordance with section 144(1).

(4)The Housing Corporation shall send to the landlord a copy of any notice served by it on the tenant under this section.

Change of tenant or landlord after service of notice claiming right to buy

136Change of secure tenant after notice claiming right to buy.

(1)Where, after a secure tenant (“the former tenant”) has given a notice claiming the right to buy, another person (“the new tenant”)—

(a)becomes the secure tenant under the same secure tenancy, otherwise than on an assignment made by virtue of section 92 (assignments by way of exchange), or

(b)becomes the secure tenant under a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of fixed term) on the coming to an end of the secure tenancy,

the new tenant shall be in the same position as if the notice had been given by him and he had been the secure tenant at the time it was given.

(2)If a notice under section 125 (landlord’s notice of purchase price and other matters has been served on the former tenant, the landlord shall serve on the new tenant a further form for his use in claiming to exercise the right to a mortgage.

(3)The new tenant may then serve a notice under section 134 (tenant’s notice claiming to exercise right to a mortgage) within the period of three months beginning with the service on him of that form or within that period as extended under the following provisions.

(4)Where there are reasonable grounds for doing so, the landlord or, as the case may be, the Housing Corporation shall by notice in writing served on the new tenant extend (or further extend) the period within which his notice claiming to exercise the right to a mortgage may be served.

(5)If in such a case the landlord or Housing Corporation fails to do so, the county court may by order extend or further extend that period until such date as may be specified in the order.

(6)The preceding provisions of this section do not confer any right on a person required in pursuance of section 123 (claim to share right to buy with members of family) to share the right to buy, unless he could have been validly so required had the notice claiming to exercise the right to buy been given by the new tenant.

(7)The preceding provisions of this section apply with the necessary modifications if there is a further change in the person who is the secure tenant.

137Change of landlord after notice claiming right to buy or right to a mortgage.

Where the interest of the landlord in the dwelling-house passes from the landlord to another body after a secure tenant has given a notice claiming to exercise the right to buy or the right to a mortgage, all parties shall be in the same position as if the other body had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken.

Completion of purchase in pursuance of right to buy

138Duty of landlord to convey freehold or grant lease.

(1)Where a secure tenant has claimed to exercise the right to buy and that right has been established, then, as soon as all matters relating to the grant and to the amount to be left outstanding or advanced on the security of the dwelling-house have been agreed or determined, the landlord shall make to the tenant—

(a)if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute, or

(b)if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), a grant of a lease of the dwelling-house,

in accordance with the following provisions of this Part.

(2)If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding.

(3)The duty imposed on the landlord by subsection (1) is enforceable by injunction.

139Terms and effect of conveyance or grant and mortgage.

(1)A conveyance of the freehold executed in pursuance of the right to buy shall conform with Parts I and II of Schedule 6; a grant of a lease so executed shall conform with Parts I and III of that Schedule; and Part IV of that Schedule has effect in relation to certain charges.

(2)The secure tenancy comes to an end on the grant to the tenant of an estate in fee simple, or of a lease, in pursuance of the provisions of this Part relating to the right to buy; and if there is then a subtenancy section 139 of the [1925 c. 20.] Law of Property Act 1925 (effect of extinguishment of reversion) applies as on a merger or surrender.

(3)The deed by which a mortgage is effected in pursuance of the right to a mortgage shall, unless otherwise agreed between the parties, conform with the provisions of Schedule 7.

140Landlord’s first notice to complete.

(1)The landlord may, subject to the provisions of this section, serve on the tenant at any time a written notice requiring him—

(a)if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice, or

(b)if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying the matters,

and informing the tenant of the effect of this section and of section 141(1), (2) and (4) landlord’s second notice to complete).

(2)The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.

(3)A notice under this section shall not be served earlier than whichever of the following is applicable—

(a)if the tenant has not claimed to exercise the right to a mortgage, nine months after the end of the period within which a notice claiming it could have been served by him;

(b)if he has claimed the right to a mortgage, but is not entitled to defer completion, nine months after the service of the notice under section 135 (landlord’s notice of terms and amount of mortgage);

(c)if he is entitled to defer completion, two years after the service of his notice under section 122 claiming to exercise the right to buy or, if later, nine months after the service of the notice under section 135 (landlord’s notice of terms and amount of mortgage).

(4)A notice under this section shall not be served if—

(a)a requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with,

(b)proceedings for the determination of any other relevant matter have not been disposed of, or

(c)any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined.

(5)In this section “relevant matters” means matters relating to the grant and to the amount to be left outstanding or advanced on the security of the dwelling-house.

141Landlord’s second notice to complete.

(1)If the tenant does not comply with a notice under section 140 (landlord’s first notice to complete), the landlord may serve on him a further written notice—

(a)requiring him to complete the transaction within a period stated in the notice, and

(b)informing him of the effect of this section in the event of his failing to comply.

(2)The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.

(3)At any time before the end of that period (or that period as previously extended) the landlord may by a written notice served on the tenant extend it (or further extend it).

(4)If the tenant does not comply with a notice under this section the notice claiming to exercise the right to buy shall be deemed to be withdrawn at the end of that period (or as the case may require, that period as extended under subsection (3)).

(5)If a notice under this section has been served on the tenant and by virtue of section 138(2) (failure of tenant to pay rent, etc.) the landlord is not bound to complete, the tenant shall be deemed not to comply with the notice.

142When tenant is entitled to defer completion,.

(1)A tenant is entitled to defer completion if—

(a)he has claimed the right to a mortgage but is not entitled, or treated as entitled, to a full mortgage,

(b)he has, within the period mentioned below, served on the landlord a notice claiming to be entitled to defer completion, and

(c)he has, within the same period, deposited the sum of £100 with the landlord.

(2)The period within which the notice must be served and the sum of £100 deposited is the period of three months beginning with the service on the tenant of the notice under section 135 (notice of terms and amount of mortgage), or that period as extended under subsection (3).

(3)If there are reasonable grounds for doing so the landlord shall extend (or further extend) that periodX; and if it fails to do so the county court may by order extend or further extend that period until such date as may be specified in the order.

(4)A tenant who is entitled to defer completion may at any time before the service on him of a notice under section 140 (landlords' first notice to complete), serve a further notice under section 134(1) (notice claiming to exercise right to a mortgage); and if he does, section 135(1) and (4) (notice of terms and amount of mortgage) apply accordingly.

(5)If in pursuance of a notice under this section the tenant deposits the sum of £100 with the landlord, then—

(a)if he completes the transaction, the sum shall be treated as having been paid towards the purchase price, and

(b)if he does not complete the transaction but withdraws his notice claiming to exercise the right to buy, or is deemed to have withdrawn it by virtue of section 141(4) (effect of failure to comply with landlord’s second notice to complete), the sum shall be returned to him.

The right to a shared ownership lease

143Right to be granted a shared ownership lease.

(1)Where a secure tenant has claimed to exercise the right to buy and—

(a)his right has been established and his notice claiming to exercise it remains in force,

(b)he has claimed the right to a mortgage but is not entitled, or treated as entitled, to a full mortgage, and

(c)he is entitled to defer completion,

he also has the right to be granted a shared ownership lease of the dwelling-house in accordance with the following provisions of this Part.

(2)Where the right to buy belongs to two or more persons jointly, the right to be granted a shared ownership lease also belongs to them jointly.

144Tenant’s notice claiming to exercise right to shared ownership lease.

(1)A secure tenant claims to exercise the right to be granted a shared ownership lease by written notice to that effect served on the landlord stating the initial share which he proposes to acquire.

(2)The notice may be withdrawn or varied at any time by notice in writing served on the landlord.

(3)On the service of a notice under this section, any notice served by the landlord under section 140 or 141 (landlord’s notices to complete purchase in pursuance of right to buy) shall be deemed to have been withdrawn; and no such notice may be served by the landlord whilst a notice under this section remains in force.

(4)If on the service by the tenant of a further notice under section 134 (claim to exercise right to a mortgage) he becomes entitled, or treated as entitled, to a full mortgage, he ceases to be entitled to exercise the right to be granted a shared ownership lease; and any notice of his under this section shall be deemed to have been withdrawn.

(5)Where a notice under this section is withdrawn, or deemed to have been withdrawn, the tenant may complete the transaction in accordance with the provisions of this Part relating to the right to buy.

145Tenant’s initial share.

(1)The tenant’s initial share in the dwelling-house shall be a multiple of the prescribed percentage and shall not be less than the minimum initial share.

(2)The prescribed percentage is 12.5 per cent. or such other percentage as the Secretary of State may by order prescribe.

(3)The minimum initial share is 50 per cent. or such other percentage as the Secretary of State may by order prescribe.

(4)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient.

(5)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

146Landlord’s notice admitting or denying right.

Where a notice under section 144 (notice claiming to exercise right to shared ownership lease) has been served by the tenant, the landlord shall, unless the notice is withdrawn, serve on the tenant within four weeks a written notice either—

(a)admitting the tenant’s right, or

(b)denying it and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to be granted a shared ownership lease.

147Landlord’s notice of initial contribution, etc.

(1)Where a secure tenant has claimed to exercise the right to be granted a shared ownership lease and that right has been established (whether by the landlord’s admission or otherwise), the landlord shall, within eight weeks, serve on the tenant a written notice complying with this section.

(2)The notice shall state—

(a)the amount which, in the opinion of the landlord, should be the amount of the consideration for the grant of the lease on the assumption that the tenant’s initial share is that stated in the notice under section 144; and

(b)the effective discount on an acquisition of that share for that consideration,

determined in each case, in accordance with section 148.

(3)The notice shall state the provisions which, in the opinion of the landlord, should be included in the lease.

(4)Where the landlord is not a housing association, the notice shall state any variation in the provisions which, in the opinion of the landlord, should be contained in the deed by which the mortgage is to be effected.

(5)Where the landlord is a housing association, the landlord shall send a copy of the notice to the Housing Corporation, and the Housing Corporation shall, as soon as practicable after receiving the notice, serve on the tenant a written notice stating any variation in the provisions which, in the opinion of the Housing Corporation, should be contained in the deed by which the mortgage is to be effected.

148Tenant’s initial contribution and effective discount.

(1)The consideration for the grant of a shared ownership lease (the tenant’s “initial contribution”) shall be determined by the formula—

and the effective discount shall be determined by the formula—

(2)In determining the value of the dwelling-house for the purposes of this section, the assumptions to be made under section 127 (which vary according to whether it is the freehold or a lease which is to be acquired) are those applicable in relation to the dwelling-house for the pruposes of the right to buy.

149Change of landlord after notice claiming to exercise right to shared ownership lease.

Where the interest of the landlord in the dwelling-house passes from the landlord to another body after a secure tenant has given notice claiming to exercise the right to be granted a shared ownership lease, all parties shall be in the same position as if the other body had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken.

150Duty of landlord to grant shared ownership lease.

(1)Where a secure tenant has claimed to exercise the right to be granted a shared ownership lease and that right has been established, then, as soon as all matters relating to the grant and to the amount to be left outstanding or advanced on the security of the dwelling-house have been agreed or determined, the landlord shall grant the tenant a shared ownership lease of the dwelling-house in accordance with the following provisions of this Part.

(2)If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding.

(3)The duty imposed on the landlord by subsection (1) is enforceable by injunction.

151Terms and effect of grant and mortgage.

(1)A grant of a shared ownership lease in pursuance of this Part shall conform—

(a)with Schedule 8 (terms of shared ownership lease), and

(b)subject to that, with Parts I and III of Schedule 6 (terms of lease granted in pursuance of right to buy);

and part IV of Schedule 6 (charges) applies to a shared ownership lease as it applies to a lease granted in pursuance of the right to buy.

(2)The secure tenancy comes to an end on the grant of the shared ownership lease, and if there is then a sub-tenancy section 139 of the [1925 c. 20.] Law of Property Act 1925 (effect of extinguishment of reversion) applies as on a merger or surrender.

(3)Where the transaction is duly completed the sum of £100 deposited by the tenant with the landlord in pursuance of section 142 (deferment of completion) shall be treated as having been paid towards the tenant’s initial contribution.

(4)A deed by which a mortgage is effected where the tenant exercises both the right to a mortgage and the right to be granted a shared ownership lease shall, unless otherwise agreed between the parties, conform with—

(a)Schedule 7 (terms of mortgage granted in pursuance of right to a mortgage), and

(b)without prejudice to that, with Schedule 9 (right to further advances).

152Landlord’s first notice to complete.

(1)The landlord may, subject to the provisions of this section, serve on the tenant at any time a written notice requiring him—

(a)if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice, or

(b)if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying the matters,

and informing the tenant of the effect of this section and of section 153(1), (2) and (4) (landlord’s second notice to complete and its effect).

(2)The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.

(3)A notice under this section shall not be served before the end of the period of two years after the service of the tenant’s notice under section 122 (notice claiming to exercise right to buy) or, if later, nine months after the service of the notice under section 135 (landlord’s notice of terms and amount of mortgage).

(4)A notice under this section shall not be served if—

(a)a requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with,

(b)proceedings for the determination of any other relevant matter have not been disposed of, or

(c)any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined.

(5)In this section “relevant matters” means matters relating to the grant and to the amount to be left outstanding or advanced on the security of the dwelling-house.

153Landlord’s second notice to complete.

(1)If the tenant does not comply with a notice under section 152 (landlord’s first notice to complete), the landlord may serve on him a further written notice—

(a)requiring him to complete the transaction within a period stated in the notice, and

(b)informing him of the effect of this section in the event of his failing to comply.

(2)The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.

(3)At any time before the end of that period (or that period as previously extended) the landlord may by a written notice served on the tenant extend it (or further extend it).

(4)If the tenant does not comply with a notice under this section, the notice claiming to exercise the right to be granted a shared ownership lease and the notice claiming to exercise the right to buy shall be deemed to have been withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (3)).

(5)If a notice under this section has been served on the tenant and by virtue of section 150(2) (failure of tenant to pay rent, etc.) the landlord is not bound to complete, the tenant shall be deemed not to comply with the notice.

Registration of title

154Registration of title.

(1)Where the landlord’s title to the dwelling-house is not registered, section 123 of the [1925 c. 21.] Land Registration Act 1925 (compulsory registration of title) applies in relation to—

(a)the conveyance of the freehold or the grant of a lease in pursuance of this Part, or

(b)the conveyance of the freehold in pursuance of such a right as is mentioned in paragraph 2(1) or 8(1) of Schedule 8 (terms of shared ownership lease; right to freehold on acquiring 100 per cent. interest),

whether or not the dwelling-house is in an area in which an Order in Council under section 120 of that Act is for the time being in force (areas of compulsory registration) and, in the case of a lease, whether or not the lease is granted for a term of not less than 40 years.

(2)Where the landlord’s title to the dwelling-house is not registered, the landlord shall give the tenant a certificate stating that the landlord is entitled to convey the freehold or make the grant subject only to such incumbrances, rights and interests as are stated in the conveyance or grant or summarised in the certificate.

(3)Where the landlord’s interest in the dwelling-house is a lease, the certificate under subsection (2) shall also state particulars of that lease and, with respect to each superior title—

(a)where it is registered, the title number;

(b)where it is not registered, whether it was investigated in the usual way on the grant of the landlord’s lease.

(4)A certificate under subsection (2) shall be—

(a)in a form approved by the Chief Land Registrar, and

(b)signed by such officer of the landlord or such other person as may be approved by the Chief Land Registrar.

(5)The Chief Land Registrar shall, for the purpose of the registration of title, accept such a certificate as sufficient evidence of the facts stated in it; but if as a result he has to meet a claim against him under the Land Registration Acts 1925 to 1971 the landlord is liable to indemnify him.

(6)Sections 8 and 22 of the Land Registration Act 1925 (application for registration of leasehold land and registration of dispositions of leasehold) apply in relation to a lease granted in pursuance of this part notwithstanding that it is a lease for a term of which not more then 21 years are unexpired or, as the case may be, a lease granted for a term not exceeding 21 years.

Provisions affecting future disposals

155Repayment of discount on early disposal.

(1)A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain (unless, in the case of a conveyance or grant in pursuance of the right to buy, there is no discount) a covenant binding on the secure tenant and his successors in title to the following effect.

(2)In the case of a conveyance or grant in pursuance of the right to buy, the covenant shall be to pay to the landlord on demand, if within a period of five years there is a relevant disposal which is not an exempted disposal (but if there is more than one such disposal, then only on the first of them), the discount to which the secure tenant was entitled, reduced by 20 per cent. for each complete year which has elapsed after the conveyance or grant and before the disposal.

(3)In the case of a grant in pursuance of the right to be granted a shared ownership lease, the covenant shall be to pay to the landlord on demand, if within a period of five years commencing with the acquisition by the tenant of his initial share or the acquisition by him of an additional share there is a relevant disposal which is not an exempted disposal (but if there is more than one such disposal, then only on the first of them), the aggregate of—

(a)the effective discount (if any) to which the tenant was entitled on the acquisition of his initial share, and

(b)for each additional share, the effective discount (if any) to which the tenant was entitled on the acquisition of that share,

reduced, in each case, by 20 per cent. for each complete year which has elapsed after the acquisition and before the disposal.

156Liability to repay is a charge on the premises.

(1)The liability that may arise under the covenant required by section 155 is a charge on the dwelling-house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.

(2)The charge has priority immediately after any legal charge securing an amount—

(a)left outstanding by the tenant in exercising the right to buy or the right to be granted a shared ownership lease, or

(b)advanced to him by an approved lending institution for the purpose of enabling him to exercise that right, or

(c)further advanced to him by that institution;

but the landlord may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to a legal charge securing an amount advanced or further advanced to the tenant by that institution

(3)A charge taking effect by virtue of this section is a land charge for the purposes of section 59 of the [1925 c. 21.] Land Registration Act 1925 notwithstanding subsection (5) of that section (exclusion of mortgages), and subsection (2) of that section applies accordingly with respect to its protection and realisation.

(4)The approved lending institutions for the purposes of this section are—

• the Housing Corporation,

• a building society,

• a bank

• a trustee savings bank,

• an insurance company,

• a friendly society,

and any body specified, or of a class or description specified, in an order made by the Secretary of State with the consent of the Treasury.

(5)An order under subsection (4)—

(a)shall be made by statutary instrument, and

(b)may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(6)Before making an order varying or revoking a previous order, the Secretary of State shall give an opportunity for representations to be made on behalf of any body which, if the order were made, would cease to be an approved lending institution for the purposes of this section.

157Restriction on disposal of dwelling-houses in National Parks, etc.

(1)Where in pursuance of this Part a conveyance or grant is executed by a local authority, the Development Board for Rural Wales or a housing association (“the landlord”) of a dwelling-house situated in—

(a)a National Park,

(b)an area designated under section 87 of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949 as an area of outstanding natural beauty, or

(c)an area designated by order of the Secretary of State as a rural area,

the conveyance or grant may contain a covenant limiting the freedom of the tenant (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the dwelling-house in the manner specified below.

(2)The limitation is, subject to subsection (4), that until such time (if any) as may be notified in writing by the landlord to the tenant or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3).

(3)The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, thoughout the period of three years immediately preceding the application for consent—

(a)had his place of work in a region designated by order of the Secretary of State which, or part of which, is comprised in the National Park or area, or

(b)had his only or principal home in such a region;

or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.

(4)If the Secretary of State or, where the landlord is a housing association, the Housing Corporation, consents, the limitation specified in subsection (2) may be replaced by the following limitation, that is to say, that until the end of the period of ten years beginning with the conveyance or grant there will be no relevant disposal which is not an exempted disposal, unless in relation to that or a previous such disposal—

(a)the tenant (or his successor in title or the person deriving title under him or his successor) has offered to reconvey the dwelling-house, or as the case may be surrender the lease, to the landlord for such consideration as is mentioed in section 158, and

(b)the landlord has refused the offer or has failed to accept it within one month after it was made.

(5)The consent of the Secretary of State or the Housing Corporation under subsection (4) may be given subject to such conditions as he or, as the case may be, the Corporation, thinks fit.

(6)A disposal in breach of such a covenant as is mentioned in subsection (1) is void.

(7)Where such a covenant imposes the limitation specified in subsection (2), the limitation is a local land charge and the Chief Land Registrar shall enter the appropriate restriction on the register of title as if application therefor had been made under section 58 of the [1925 c. 21.] Land Registration Act 1925.

(8)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

158Consideration for reconveyance or surrender under s. 157.

(1)The consideration for the offer by a tenant, referred to in section 157(4)(a), to reconvey or surrender his interest to the landlord 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 as the value of the dwelling-house at the time the offer is made.

(2)That value shall be taken to be the price which, at that time, the interest to be reconveyed or surrendered would realise if sold on the open market by a willing vendor, on the assumption that any liability under—

(a)the covenant required by section 155 (repayment of discount on early disposal), and

(b)any convenant required by paragraph 6 of Schedule 8 (payment for outstanding share on disposal of dwelling-house subject to shared ownership lease),

would be discharged by the vendor.

(3)If the landlord accepts the offer, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced 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.

159Relevant disposals.

(1)A disposal, whether of the whole or part of the dwelling-house, is a relevant disposal for the purposes of this Part if it is—

(a)a further conveyance of the freehold or an assignment of the lease, or

(b)the grant of a lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.

(2)For the purposes of subsection (1)(b) it shall be assumed—

(a)that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and

(b)that any option to terminate a lease or sub-lease is not exercised.

160Exempted disposals.

(1)A disposal is an exempted disposal for the purposes of this Part if—

(a)it is a disposal of the whole of the dwelling-house and a further conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2));

(b)it is a vesting of the whole of the dwelling-house in a person taking under a will or on an intestacy;

(c)it is a disposal of the whole of the dwelling-house in pursuance of an order made under section 24 of the [1973 c. 18.] Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 2 of the [1975 c. 63.] Inheritance (Provision forFamily and Dependants) Act 1975 (orders as to financial provision to be made from estate);

(d)it is a compulsory disposal (as defined in section 161); or

(e)it is a disposal of property consisting of land included in the dwelling-house by virtue of section 184 (land let with or used for the purposes of the dwelling-house).

(2)For the purposes of subsection (1)(a), a person is a qualifying person in relation to a disposal if—

(a)he is the person, or one of the persons, by whom the disposal is made,

(b)he is the spouse or a former spouse of that person, or one of those persons, or

(c)he is a member of the family of that person, or one of those persons, and has resided with him throughout the period of twelve months ending with the disposal.

161Meaning of “compulsory disposal”.

In this Part a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

162Exempted disposals which end liability under covenants.

Where there is a relevant disposal which is an exempted disposal by virtue of section 160(1)(d) or (e) (compulsory disposals or disposals of land let with or used for purposes of dwelling-house)—

(a)the covenant required by section 155 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his and that covenant and the charge taking effect by virtue of section 156 cease to apply in relation to the property disposed of, and

(b)any such covenant as is mentioned in section 157 (restriction on disposal of dwelling-houses in National Parks, etc.) ceases to apply in relation to the property disposed of.

163Treatment of options.

(1)For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

(2)For the purposes of section 157(2) (requirement of consent to disposal of dwelling-house in National Park, etc.) a consent to such a grant shall be treated as a consent to a disposal in pursuance of the option.

Powers of Secretary of State

164Secretary of State’s general power to intervene.

(1)The Secretary of State may use his powers under this section where it appears to him that tenants generally, a tenant or tenants of a particular landlord, or tenants of a description of landlords, have or may have difficulty in exercising effectively and expeditiously the right to buy or the right to be granted a shared ownership lease.

(2)The powers may be exercised only after he has given the landlord or landlords notice in writing of his intention to do so and while the notice is in force.

(3)Such a notice shall be deemed to be given 72 hours after it has been sent.

(4)Where a notice under this section has been given to a landlord or landlords, no step taken by the landlord or any of the landlords while the notice is in force or before it was given has any effect in relation to the exercise by a secure tenant of the right to buy, the right to a mortgage or the right to be granted a shared ownership lease, except in so far as the notice otherwise provides.

(5)While a notice under this section is in force the Secretary of State may do all such things as appear to him necessary or expedient to enable secure tenants of the landlord or landlords to which the notice was given to exercise the right to buy, the right to a mortgage and the right to be granted a shared ownership lease; and he is not bound to take the steps which the landlord would have been bound to take under this Part.

(6)Where in consequence of the exercise by a secure tenant of the right to a mortgage a landlord becomes a mortgagee of a dwelling-house whilst a notice under this section is in force in relation to the landlord and to the dwelling-house, then, while the notice remains in force—

(a)the Secretary of State may, on behalf of the mortgagee, receive any sums due to it and exercise all powers and do all things which the mortgagee could have exercised or done, and

(b)the mortgagee shall not receive any such sum, exercise any such power or do any such thing, except with the consent of the Secretary of State, which may be given subject to such conditions as the Secretary of State thinks fit.

165Vesting orders for purposes of s. 164.

(1)For the purpose of conveying a freehold or granting a lease in the exercise of his powers under section 164 the Secretary of State may execute a document, to be known as a vesting order, containing such provisions as he may determine; and for the purposes of stamp duty the vesting order shall be treated as a document executed by the landlord.

(2)A vesting order has the like effect, except so far as it otherwise provides, as a conveyance or grant duly executed in pursuance of this Part, and, in particular, binds both the landlord and its successors in title and the tenant and his successors in title (including any person deriving title under him or them) to the same extent as if the covenants contained in it and expressed to be made on their behalf had been entered into by them.

(3)If the landlord’s title to the dwelling-house in respect of which a vesting order is made is not registered, the vesting order shall contain a certificate stating that the freehold conveyed or grant made by it is subject only to such incumbrances, rights and interests as are stated elsewhere in the vesting order or summarised in the certificate.

(4)The Chief Land Registrar shall, on a vesting order being presented to him, register the tenant as proprietor of the title concerned; and if the title has not previously been registered—

(a)he shall so register him with an absolute title, or as the case may require a good leasehold title, and

(b)he shall, for the purpose of the registration, accept any such certificate as is mentioned in subsection (3) as sufficient evidence of the facts stated in it.

(5)Where the landlord’s title to a dwelling-house with respect to which the right to buy, or the right to be granted a shared ownership lease, is exercised is registered, the Chief Land Registrar shall—

(a)if so requested by the Secretary of State, supply him (on payment of the appropriate fee) with an office copy of any document required by the Secretary of State for the purpose of executing a vesting order with respect to the dwelling-house, and

(b)notwithstanding section 112 of the [1925 c. 21.] Land Registration Act 1925 (authority of proprietor required for inspection of register, etc.), allow any person authorised by the Secretary of State to inspect and make copies of and extracts from any register or document which is in the custody of the Chief Land Registrar and relates to the dwelling-house.

(6)If a person suffers loss in consequence of a registration under this section in circumstances in which he would have been entitled to be indemnified under section 83 of the Land Registration Act 1925 by the Chief Land Registrar had the registration of the tenant as proprietor of the title been effected otherwise than under this section, he is instead entitled to be indemnified by the Secretary of State and section 166(4) of this Act (recovery of Secretary of State’s costs from landlord) applies accordingly.

166Other provisions supplementary to s. 164.

(1)A notice under section 164 may be withdrawn by a further notice in writing, either completely or in relation to a particular landlord or a particular case or description of case.

(2)The further notice may give such directions as the Secretary of State may think fit for the completion of a transaction begun before the further notice was given; and such directions are binding on the landlord, and may require the taking of steps different from those which the landlord would have been required to take if the Secretary of State’s powers under section 164 had not been used.

(3)Where in consequence of the exercise of his powers under section 164 the Secretary of State receives sums due to a landlord, he may retain them while a notice under that section is in force in relation to the landlord and is not bound to account to the landlord for interest accruing on them.

(4)Where the Secretary of State exercises his powers under section 164 with respect to secure tenants of a landlord, he may—

(a)calculate, in such manner and on such assumptions as he may determine, the costs incurred by him in doing so, and

(b)certify a sum as representing those costs;

and a sum so certified is a debt from the landlord to the Secretary of State payable on a date specified in the certificate, together with interest from that date at a rate so specified.

(5)sums payable under subsection (4) may, without prejudice to any other method of recovery, be recovered from the landlord by the withholding of sums due from the Secretary of State, including sums payable to the landlord and received by the Secretary of State in consequence of his exercise of his powers under section 164.

(6)In this section the references to a landlord include references to a body which has become a mortgagee in consequence of the exercise by a secure tenant of the right to a mortgage, and the references to the powers of the Secretary of State with respect to the secure tenants of a landlord include references to the powers of the Secretary of State to act on behalf of such a mortgagee.

167Power to give directions as to covenants and conditions.

(1)Where it appears to the Secretary of State that, if covenants or conditions of any kind were included in conveyances or grants of dwelling-houses of any description executed in pursuance of this Part—

(a)the conveyances would not conform with Parts I and II of Schedule 6, or

(b)the grants would not conform with Parts I and III of that Schedule.

he may direct landlords generally, landlords of a particular description or particular landlords not to include covenants or conditions of that kind in such conveyances or grants executed on or after a date specified in the direction.

(2)A direction under this section may be varied or withdrawn by a subsequent direction.

168Effect of direction under s. 167 on existing covenants and conditions.

(1)If a direction under section 167 so provides, the provisions of this section shall apply in relation to a covenant or condition which—

(a)was included in a conveyance or grant executed before the date specified in the direction, and

(b)could not have been so included if the conveyance or grant had been executed on or after that date.

(2)The covenant or condition shall be discharged or (if the direction so provides) modified, as from the specified date, to such extent or in such manner as may be provided by the direction; and the discharge or modification is binding on all persons entitled or capable of becoming entitled to the benefit of the covenant or condition.

(3)The landlord by whom the conveyance or grant was executed shall, within such period as may be specified in the direction—

(a)serve on the person registered as the proprietor of the dwelling-house, and on any person registered as the proprietor of a charge affecting the dwelling-house, a written notice informing him of the discharge or modification, and

(b)on behalf of the person registered as the proprietor of the dwelling-house, apply to the Chief Land Registrar (and pay the appropriate fee) for notice of the discharge or modification to be entered in the register.

(4)For the purposes of enabling the landlord to comply with the requirements of subsection (3) the Chief Land Registrar shall, notwithstanding section 112 of the [1925 c. 21.] Land Registration Act 1925 (authority of proprietor required for inspection of register, etc.) allow any person authorised by the landlord to inspect and make copies of and extracts from any register or document which is in the custody of the Chief Land Registrar and relates to the dwelling-house.

(5)Notwithstanding anything in section 64 of the Land Registration Act 1925 (certificates to be produced and noted on dealings), notice of the disc harge or modification may be entered in the register without the production of any land certificate outstanding in respect of the dwelling-house, but without prejudice to the power of the Chief Land Registrar to compel production of the certificate for the purposes mentioned in that section.

169Power to obtain information, etc.

(1)Where it appears to the Secretary of State necessary or expedient for the purpose of determining whether his powers under section 164 or 166 (general power to intervene) or section 167 or 168 (power to give directions as to covenants and conditions) are exercisable, or for or in connection with the exercise of those powers, he may by notice in writing to a landlord require it—

(a)at such time and at such place as may be specified in the notice, to produce any document, or

(b)within such period as may be so specified or such longer period as the Secretary of State may allow, to furnish a copy of any document or supply any information.

(2)Any officer of the landlord designated in the notice for that purpose or having custody or control of the document or in a position to give that information shall, without instructions from the landlord, take all reasonable steps to ensure that the notice is complied with.

(3)In this section references to a landlord include—

(a)a landlord by whom a conveyance or grant was executed in pursuance of this Part, and

(b)a body which has become a mortgagee in consequence of the exercise by a secure tenant of the right to a mortgage.

170Power to give assistance in connection with legal proceedings.

(1)This section applies to—

(a)proceedings under this Part or to determine a question arising under or in connection with this Part, and

(b)proceedings to determine a question arising under or in connection with a conveyance or grant executed in pursuance of this Part,

other than proceedings to determine a question as to the value of a dwelling-house (or part of a dwelling-house).

(2)A party or prospective party to proceedings or prospective proceedings to which this section applies, who—

(a)has claimed to exercise or has exercised the right to buy or the right to be granted a shared ownership lease, or

(b)is a successor in title of a person who has exercised either of those rights,

may apply to the Secretary of State for assistance under this section.

(3)The Secretary of State may grant the application if he thinks fit to do so on the ground—

(a)that the case raises a question of principle, or

(b)that it is unreasonable having regard to the complexity of the case, or to any other matter, to expect the applicant to deal with it without such assistance,

or by reason of any other special consideration.

(4)Assistance by the Secretary of State under this section may include—

(a)giving advice.

(b)procuring or attempting to procure the settlement of the matter in dispute,

(c)arranging for the giving of advice or assistance by a solicitor or counsel,

(c)arranging for representation by a solicitor or counsel, including such asistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, and

(e)any other form of assistance which the Secretary of State may consider appropriate;

but paragraph (d) does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.

(5)In so far as expenses are incurred by the Secretary of State in providing the applicant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Secretary of State—

(a)on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the assistance was given, and

(b)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;

but subject to any charge under the [1974 c. 4.] Legal Aid Act 1974 and to any provision of that Act for payment of any sum into the legal aid fund.

(6)References in this section to a solicitor include the Treasury Solicitor.

Power to extend right to buy, etc.

171Power to extend right to buy, etc.

(1)The Secretary of State may by order provide that, where there are in a dwelling-house let on a secure tenancy one or more interest to which this section applies, this Part and Part IV (secure tenancies) have effect with such modifications as are specified in the order.

(2)This section applies to an interest held by—

• a local authority,

• a new town corporation,

• an urban development corporation,

• the Development Board for Rural Wales,

• the Housing Corporation, or

• a registered housing association,

which is immediately superior to the interest of the landlord or to another interest to which this section applies.

(3)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case;

(b)may contain such consequential, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part

172Exclusion of leases where landlord is housing association and freeholder is a charity.

(1)Part I of the [1967 c. 88.] Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds) does not apply where, in the case of a tenancy or sub-tenancy to which this section applies, the landlord is a housing association and the freehold is owned by a body of persons or trust established for charitable purposes only.

(2)This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.

(3)Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.

(4)This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).

173Exclusion of shared ownership leases granted under this Part.

(1)Where a tenancy of a dwelling-house which is a house is created by the grant of a lease in pursuance of the right to be granted a shared ownership lease, then, so long as the rent payable under the lease exceeds £10 per annum, neither the tenant nor the tenant under a sub-tenancy directly or indirectly derived out of the tenancy shall be entitled to acquire the free-hold or an extended lease of the dwelling-house under Part I of the Leasehold Reform Act 1967.

(2)Subsection (1) applies notwithstanding the provisions of section 174 (leases granted under this Part to be treated as long leases at a low rent).

174Leases granted under this Part to be treated as long leases at a low rent.

For the purposes of Part I of the [1967 c. 88.] Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds)—

(a)a tenancy created by the grant of a lease in pursuance of this part of a dwelling-house which is a house shall be treated as being a long tenancy notwithstanding that it is granted for a term of 21 years or less, and

(b)a tenancy created by the grant of such a lease in pursuance of the right to be granted a shared ownership lease shall be treated as being a tenancy at a low rent notwithstanding that rent is payable under the tenancy at a yearly rate equal to or more than two-thirds of the rateable value of the dwelling-house on the first day of the term.

175Determination of price payable.

(1)Where, in the case of a tenancy or sub-tenancy to which this section applies, the tenant exercises his right to acquire the freehold under Part I of the Leasehold Reform Act 1967, the price payable for the dwelling-house shall be determined in accordance with section 9(1A) of that Act notwithstanding that the rateable value of the dwelling-house does not exceed £1,000 in Greater London or £500 elsewhere.

(2)This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.

(3)Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.

(4)This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).

(5)This section also applies to a tenancy granted in substitution for a tenancy or sub-tenancy falling within subsections (2) to (4) in pursuance of Part I of the 1967 Act.

Supplementary provisions

176Notices.

(1)The Secretary of State may by regulations prescribe the form of any notice under this Part and the particulars to be contained in the notice.

(2)Where the form of, and the particulars to be contained in, a notice under this Part are so prescribed, a tenant who proposes to claim, or has claimed, to exercise the right to buy may request the landlord to supply him with a form for use in giving such notice; and the landlord shall do so within seven days of the request.

(3)A notice under this Part may be served by sending it by post.

(4)Where the landlord is a housing association, a notice to be served by the tenant on the landlord under this Part may be served by leaving it at, or sending it to, the principal office of the association or the office of the association with which the tenant usually deals.

(5)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument.

177Errors and omissions in notices.

(1)A notice served by a tenant under this Part is not invalidated by an error in, or omission from, the particulars which are required by regulations under section 176 to be contained in the notice.

(2)Where as a result of such an error or omission—

(a)the landlord has mistakenly admitted or denied the right to buy or the right to be granted a shared ownership lease in a notice under section 124 or 146, or

(b)the landlord or the Housing Corporation has formed a mistaken opinion as to any matter required to be stated in a notice by any of the provisions mentioned in sub-section (3) and has stated that opinion in the notice,

the parties shall, as soon as practicable after they become aware of the mistake, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the propose of securing that all parties are, as nearly as may be, in the same position as they would have been if the mistake had not been made.

(3)The provisions referred to in subsection (2)(b) are—

• section 125 (notice of purchase price, etc.),

• section 135 (notice of mortgage entitlement),

• section 147 (notice of initial contribution),

• paragraph 1(3) of Schedule 8 (notice of additional contribution), and

• paragraph 5 of Schedule 9 (notice of entitlement to further advance).

(4)Subsection (2) does not apply where the tenant has exercised the right to which the notice relates before the parties become aware of the mistake.

178Costs.

(1)An agreement between—

(a)the landlord and a tenant claiming to exercise the right to buy, the right to be granted a shared ownership lease, or any such right as is mentioned in paragraphs 1(1), 2 or 8 of Schedule 8 (terms of shared ownership lease: right to acquire additional shares or call for conveyance of freehold), or

(b)the landlord or, as the case may be, the Housing Corporation and a tenant claiming to exercise the right to a mortgage, or such a right as is mentioned in paragraph 1 of Schedule 9 (right to further advances),

is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord or Housing Corporation in connection with the tenant’s exercise of that right.

(2)Where a tenant exercises the right to a mortgage, or such a right as is mentioned in paragraph 1 of Schedule 9 (right to further advances), the landlord or, as the case may be, the Housing Corporation may charge to him the costs incurred by it in connection with his exercise of that right, but only—

(a)on the execution of the deed by which the mortgage is effected, and

(b)to the extent that the costs do not exceed such amount as the Secretary of State may by order specify.

(3)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

179Provisions restricting right to buy, etc. of no effect.

(1)A provision of a lease held by the landlord or a superior landlord, or of an agreement (whenever made), is void in so far as it purports to prohibit or restrict—

(a)the grant of a lease in pursuance of the right to buy or the right to be granted a shared ownership lease, or

(b)the subsequent disposal (whether by way of assignment, sub-lease or otherwise) of a lease so granted

or to authorise a forfeiture, or impose on the landlord or superior landlord a penalty or disability, in the event of such a grant or disposal.

(2)Where a dwelling-house let on a secure tenancy is land held—

(a)for the purposes of section 164 of the [1875 c. 55.] Public Health Act 1875 (pleasure grounds),or

(b)in accordance with section 10 of the [1906 c. 25.] Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

then, for the purposes of this Part, the dwelling-house shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 or, as the case may be, section 10.

180Statutory declarations.

A landlord, the Housing Corporation or the Secretary of State may, if the landlord, Corporation or Secretary of State thinks fit, accept a statutory declaration made for the purposes of this Part as sufficient evidence of the matters declared in it.

181Jurisdiction of county court.

(1)A county court has jurisdiction—

(a)to entertain any proceedings brought under this Part, and

(b)to determine any question arising under this Part or under a shared ownership lease granted in pursuance of this Part;

but subject to sections 128 and 158 and paragraph 11 of Schedule 8 (which provide for matters of valuation to be determined by the district valuer).

(2)The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any such question as is mentioned in subsection (1)(b) notwithstanding that no other relief is sought than a declaration.

(3)If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.

(4)The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to this section; and such rules or directions may provide—

(a)for the exercise by a registrar of a county court of any jurisdition exercisable under this section, and

(b)for the conduct of proceedings in private.

(5)The power to make rules under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

182Power to repeal or amend local Acts.

(1)The Secretary of State may by order repeal or amend a provision of a local Act passed before 8th August 1980 where it appears to him that the provision is inconsistent with a provision of this Part relating to the right to buy or the right to a mortgage.

(2)Before making an order under this section the Secretary of State shall consult any local housing authority appearing to him to be concerned.

(3)An order made under this section may contain such transitional, incidental or supplementary provisions as the Secretary of State considers appropriate.

(4)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

183Meaning of “house”, “flat” and “dwelling-house”.

(1)The following provisions apply to the interpretation of “house”, “flat” and “dwelling-house” when used in this Part.

(2)A dwelling-house is a house if, and only if, it (or so much of its as does not consist of land included by virtue of section 184) is a structure reasonably so called; so that—

(a)where a building is divided horizontally, the flats or other units into which it is divided are not houses;

(b)where a building is divided vertically, the units into which it is divided may be houses;

(c)where a building is not structurally detached, it is not a house if a material part of it lies above or below the remainder of the structure.

(3)A dwelling-house which is not a house is a flat.

184Land let with or used for purposes of dwelling-house.

(1)For the purpose of this Part land let together with a dwelling-house shall be treated as part of the dwelling-house, unless the land is agricultural land (within the meaning set out in section 26(3)(a) of the [1967 c. 9.] General Rate Act 1967) exceeding two acres.

(2)There shall be treated as included in a dwelling-house any land which is not within subsection (1) but is or has been used for the purpose of the dwelling-house if—

(a)the tenant, by a written notice served on the landlord at any time before he exercises the right to buy or the right to be granted a shared ownership lease, requires the land to be included in the dwelling-house, and

(b)it is reasonable in all the circumstances for the land to be so included.

(3)A notice under subsection (2) may be withdrawn by a written notice served on the landlord at any time before the tenant exercises the right to buy or the right to be granted a shared ownership lease.

(4)Where a notice under subsection (2) is served or withdrawn after the service of the notice under section 125 (landlord’s notice of purchase price, etc.), the parties shall, as soon as practicable after the service or withdrawal, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been in if the notice under subsection (2) had been served or withdrawn before the service of the notice under section 125.

185Meaning of “secure tenancy” and “secure tenant”.

(1)References in this Part to a secure tenancy or a secure tenant in relation to a time before 26th August 1984 are to a tenancy which would have been a secure tenancy if Chapter II of Part I of the [1980 c. 51.] Housing Act 1980 and Part I of the [1984 c. 29.] Housing and Building Control Act 1984 had then been in force or to a person who would then have been a secure tenant.

(2)For the purpose of determining whether a person would have been a secure tenant and his tenancy a secure tenancy—

(a)a predecessor of a local authority shall be deemed to have been such an authority, and

(b)a housing association shall be deemed to have been registered if it is or was so registered at any later time.

186Members of a person’s family.

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse of that person, or he and that person live together as husband and wife, or

(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or neice.

(2)For the purposes of subsection (1)(b)—

(a)a relationship by marriage shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)the stepchild of a person shall be treated as his child, and

(d)an illegitimate child shall be treated as as the legitimate child of his mother and reputed father.

187Minor definitions.

In this Part—

• “improvement” means any alteration in, or addition to, a dwelling-house and includes—

  (a)

  any addition to, or alteration in, landlord’s fixtures and fittings and any addition or alteration connected with the provision of services to a dwelling-house,

  (b)

  the erection of a wireless or television aerial, and

  (c)

  the carrying out of external decoration;

• “long tenancy” means—

  (a)

  a long tenancy within the meaning of part IV,

  (b)

  a tenancy falling within paragraph 1 of Schedule 1 to the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980, or

  (c)

  a tenancy falling within paragraph 1 of Schedule 2 to the [S.I. 1983/1113 (N.I. 15).] Housing (Northern Ireland) Order 1983;

  and “long lease” shall be construed accordingly;

• “total share”, in relation to the interest of a tenant under a shared ownership lease, means his initial share plus any additional share or shares in the dwelling-house acquired by him.

188Index of defined expressions: Part V.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

PART VIREPAIR NOTICES

Repair Notices

189Repair notice in respect of unfit house.

(1)Where the local housing authority are satisfied that a house is unfit for human habitation, they shall serve a repair notice on the person having control of the house, unless they are satisfied that the house is not capable of being rendered so fit at reasonable expense.

(2)A repair notice under this section shall—

(a)require the person on whom it is served to execute the works specified in the notice within such reasonable time, not being less than 21 days, as is specified in the notice, and

(b)state that in the opinion of the authority the works specified in the notice will render the house fit for human habitation.

(3)The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.

(4)The notice becomes operative, if no appeal is brought, on the expiration of 21 days from the date of the service of the notice and is final and conclusive as to matters which could have been raised on an appeal.

190Repair notice in respect of house in state of disrepair but not unfit.

(1)Where the local housing authority—

(a)are satisfied that a house is in such a state of disrepair that, although not unfit for human habitation, substantial repairs are necessary to bring it up to a reasonable standard, having regard to its age, character and locality, or

(b)are satisfied on a representation made by an occupying tenant that a house is in such a state of disrepair that, although not unfit for human habitation, its condition is such as to interfere materially with the personal comfort of the occupying tenant,

they may serve a repair notice on the person having congrol of the house.

(2)A repair notice under this section shall require the person on whom it is served, within such reasonable time, not being less than 21 days, as is specified in the notice, to execute the works specified in the notice, not being works of internal decorative repair.

(3)The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.

(4)The notice becomes operative, if no appeal is brought, on the expiry of 21 days from the date of service of the notice and is final and conclusive as to matters which could have been raised on an appeal.

191Appeals against repair notices.

(1)A person aggrieved by a repair notice may within 21 days after the date of service of the notice, appeal to the county court.

(2)On an appeal the court may make such order either confirming, quashing or varying the notice as it thinks fit.

(3)Where the appeal is allowed against a repair notice under section 189 (repair notice in respect of unfit house), the judge shall, if requested to do so by the local housing authority, include in his judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense.

(4)If an appeal is brought the notice does not become operative until—

(a)a decision on the appeal confirming the notice (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b)if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the notice (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the notice or decision appealed against.

192Power to purchase house found on appeal to be unfit and beyond repair at reasonable expense.

(1)Where a person has appealed against a repair notice under section 189 (repair notice in respect of unfit house) and the court in allowing the appeal has found that the house cannot be rendered fit for human habitation at a reasonable expense, the local housing authority may purchase the house by agreement or be authorised by the Secretary of State to purchase it compulsorily.

(2)The Secretary of State shall not confirm an order for the compulsory purchase of a house under this section unless the order is submitted to him within six months after the determination of the appeal.

(3)If an owner or mortgagee of the house undertakes to carry out to the satisfaction of the Secretary of State, within such period as the Secretary of State may fix, the works specified in the notice against which the appeal was brought, the Secretary of State shall not confirm the compulsory purchase order unless that person has failed to fulfil his undertaking.

(4)If the local housing authority purchase the house compulsorily they shall forthwith execute all the works specified in the notice against which the appeal was brought.

Enforcement

193Power of local housing authority to execute works.

(1)If a repair notice is not complied with the local housing authority may themselves do the work required to be done by the notice.

(2)For this purpose compliance with the notice means the completion of the works specified in the notice within—

(a)the period specified in the notice, or,

(b)if an appeal is brought against the notice, the period of 21 days, or such longer period as the court in determining the appeal may fix,

from the date on which the notice becomes operative.

(3)The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.

194Notice of authority’s intention to execute works.

(1)Where the local housing authority are about to enter upon a house under the provisions of section 193 for the purpose of doing any work, they may give notice in writing of their intention to do so to the person having control of the house and, if they think fit, to any owner of the house.

(2)If at any time after the expiration of seven days from the service of the notice on him and whilst any workman or contractor employed by the local housing authority is carrying out works in the house—

(a)the person on whom the notice was served is in the house for the purpose of carrying out any works, or

(b)any workman employed by him or by any contractor employed by him is in the house for such purpose,

the person on whom the notice was served shall be deemed for the purpose of section 198 (penalty for obstruction) to be obstructing the authority in the execution of this Part unless he shows that there was urgent necessity to carry out the works in order to obviate danger to occupants of the house.

195Power of court to order occupier or owner to permit things to be done.

(1)If a person, after receiving notice of the intended action—

(a)being the occupier of premises, prevents the owner or person having control of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or

(b)being the occupier, owner or person having control of premises, prevents an officer, servant or agent of the local housing authority from so doing,

a magistrates' court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.

(2)A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.

196Power of court to authorise owner to execute works on default of another owner.

(1)If it appears to a magistrates' court, on the application of an owner of premises in respect of which a repair notice has been served, that owing to the default of another owner of the premises in executing works required to be executed, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises and execute the works within a period fixed by the order.

(2)Where the court makes such an order, the court may, where it seems to the court just to do so, make a like order in favour of any other owner.

(3)Before an order is made under this section, notice of the application shall be given to the local housing authority.

197Powers of entry.

(1)A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—

(a)where it appears to the authority that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises,

(b)where a repair notice has been served in respect of the premises, or

(c)in the case of premises which the authority are authorised by this Part to purchase compulsorily.

(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.

198Penalty for obstruction.

(1)It is a summary offence to obstruct an officer of the local housing authority or of the Secretary of State, or a person authorised in pursuance of this Part to enter premises, in the performance of anything which that officer, authority or person is required or authorised by this Part to do.

(2)A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.

Provisions for protection of owner and others

199Recovery by lessee of proportion of cost of works.

(1)A lessee of a house who, or whose agent, incurs expenditure—

(a)in complying with a repair notice, or

(b)in defraying expenses incurred by the local housing authority under section 193 (execution of works by authority),

may recover from the lessor under the lease such part (if any) of the expenditure as may be agreed between the parties or, in default of agreement, is determined by the county court to be just.

(2)The county court in making the determination shall have regard in particular to—

(a)the obligations of the lessor and the lessee under the lease with respect to the repair of the house,

(b)the length of the unexpired term of the lease, and

(c)the rent payable under the lease.

(3)Where a person from whom a sum is recoverable under this section is himself a lessee of the house, the provisions of this section apply to that sum as they apply to expenditure of the kind mentioned in subsection (1).

(4)This section does not apply to expenditure in respect of which a charging order is in force under section 200 (charging order in favour of owner executing works) or in respect of which an application for such an order is pending.

200Charging order in favour of owner executing works.

(1)Where an owner has completed, in respect of a house, works required to be executed by a repair notice, he may apply to the local housing authority for a charging order.

(2)An applicant for a charging order shall produce to the authority—

(a)the certificate of the proper officer of the authority that the works have been executed to his satisfaction, and

(b)the accounts of and vouchers for the expenses of the works.

(3)The authority, when satisfied that the owner has duly executed the required works and of the amount of the expenses, shall make an order accordingly charging on the premises an annuity to repay that amount together with the amount of the costs properly incurred in obtaining the charging order.

(4)The annuity charged shall be at the rate of £6 for every £100 of the aggregate amount charged, shall commence from the date of the order and shall be payable for a term of 30 years to the owner named in the order, his executors, administrators or assigns.

(5)A person aggrieved by the charging order may, within 21 days after notice of the order has been served upon him, appeal to the county courtX; and where notice of appeal has been given no proceedings shall be taken under the order until the appeal is determined or ceases to be prosecuted.

(6)The proper officer of the local housing authority shall file and record copies, certified by him to be true copies, of any charging order made under this section, the certificate given under subsection (2)(a) and the accounts as passed by the authority.

201Form, effect, &c. of charging orders.

(1)A charging order under section 200 shall be in such form as the Secretary of State may prescribe.

(2)The charge created by such a charging order is a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—

(a)charges under section 229 (charge in favour of person executing works required by improvement notice);

(b)tithe rentcharge;

(c)charges within section 1(1)(a) of the [1975 c. 76.] Local Land Charges Act 1975 (statutory charges in favour of public authorities); and

(d)charges created under any Act authorising advances of public money.

(3)Charges under section 200 and section 229 (the corresponding provision in relation to improvement notices) take order as between themselves according to their respective dates.

(4)The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.

(5)The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may (prescribe.

(6)An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 200 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement, determined by the Secretary of State.

202Owner not in receipt of rents, &c. to receive notice of proceedings.

If an owner of premises who is not the person in receipt of the rents and profits gives notice to the local housing authority of his interest in the premises, the authority shall give him notice of any proceedings taken by them in pursuance of this Part.

203Saving for rights arising from breach of covenant, &c.

(1)Nothing in this Part prejudices or interferes with the rights or remedies of an owner for breach of any covenant or contract entered into by a lessee in reference to premises in respect of which a repair notice is served.

(2)If an owner is obliged to take possession of premises in order to comply with a repair notice the taking possession does not affect his right to avail himself of any such breach which occurred before he took possession.

(3)No action taken under this Part prejudices or affects any remedy available to the tenant of a house against his landlord, either at common law or otherwise.

204Effect of approved proposals for re-development.

Where the local housing authority have under section 308 (owner’s re-development proposals) approved proposals for the re-development of land, no action shall be taken in relation to the land under this Part if and so long as the re-development is being proceeded with in accordance with the proposals and within the time limits specified by the authority, subject to any variation or extension approved by the authority.

Supplementary provisions

205Application of provisions to parts of buildings and temporary or movable structures.

The local housing authority may take the like proceedings under this Part in relation to—

(a)any part of a building which is used, or is suitable for use as, a dwelling, or

(b)a hut, tent, caravan or other temporary or movable structure which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken,

as they are empowered to take in relation to a house.

206Repair at reasonable expense.

In determining for the purposes of this Part whether premises can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render them so fit and the value which it is estimated they will have when the works are completed.

207Minor definitions.

In this Part—

• “house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

• “occupying tenant” has the same meaning, in relation to a dwelling which consists of, or forms part of, the house concerned, as it has in Part VII (improvement notices);

• “owner” in relation to premises—

  (a)

  means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or reversion, and

  (b)

  includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;

• “person having control”, in relation to premises, means the person who receives the rack-rent of the premises (that is to say, a rent which is not less than 2/3rds of the full net annual value of the premises), whether on his own account or as agent or trustee for another person, or who would so receive it if the house were let at such a rack-rent.

208Index of defined expressions: Part VI.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

PART VIIIMPROVEMENT NOTICES

Improvement notices

209General conditions for service of improvement notice.

The general conditions for service of an improvement notice in respect of a dwelling are that the dwelling—

(a)is without one or more of the standard amenities (whether or not it is also in a state of disrepair),

(b)is capable at reasonable expense of improvement to the full standard or, failing that, to the reduced standard, and

(c)was provided (by erection or by the conversion or a building already in existence) before 3rd October 1961.

210Service of provisional notice: dwellings in general improvement area or housing action area.

(1)The local housing authority may serve a provisional notice on the person having control of a dwelling in—

(a)general improvement area, or

(b)housing action area,

if it appears to the authority that the general conditions for service of an improvement notice are met, but subject to subsection (2) if the dwelling is owner-occupied.

(2)The authority may only serve a provisional notice in respect of a dwelling which is owner-occupied if it appears to them that the circumstances are such that it is not reasonably practicable for another dwelling—

(a)which is in the same building as, or is adjacent to, the owner-occupied dwelling, and

(b)which is not owner-occupied or in respect of which an application for an improvement grant, intermediate grant, special grant or repairs grant has been approved,

to be improved to the full standard or, as the case may be, to the reduced standard without effecting the improvement to one of those standards of the owner-occupied dwelling.

211Acceptance of undertaking to do works.

(1)In any case where an improvement notice has not yet been served in respect of a dwelling falling within section 210 (certain dwellings in general improvement areas or housing action areas), the local housing authority may accept an undertaking from—

(a)the person having control of the dwelling, or

(b)any other person having an estate or interest in the dwelling.

to improve the dwelling to the full standard or, if in the opinion of the authority it is not practicable at reasonable expense for the dwelling to be improved to the full standard, to the reduced standard.

(2)The undertaking shall be in writing and shall specify the works agreed to be carried out and the period, being a period ending not more than nine months after the date on which the undertaking is accepted, within which the works are to be carried out.

(3)Before accepting an undertaking, the authority shall satisfy themselves that, if there is an occupying tenant—

(a)the housing arrangements are satisfactory or none are required, and

(b)the undertaking incorporates the written consent of the occupying tenant signed by him to the carrying out of the works specified in the undertaking.

and that the person giving the undertaking has a right to carry out the works specified in the undertaking as against all other persons having an estate or interest in the dwelling.

(4)Where the authority accept an undertaking, they shall serve a notice to that effect on the person by whom the undertaking was given and shall not thereafter serve an improvement notice with respect to that dwelling unless—

(a)the works specified in the undertaking are not carried out within the period so specified or such longer period as the authority may in writing allow, or

(b)the authority are satisfied that, owing to a change of circumstances since the undertaking was accepted by them, the undertaking is unlikely to be fulfilled.

(5)An authority who have accepted an undertaking may discharge it by serving notice of the discharge on the person by whom the undertaking was given, and they shall do so if at any time they consider that the general conditions for service of an improvement notice in respect of the dwelling are no longer met.

(6)Where an authority serve a notice under subsection (4) or (5) on the person by whom an undertaking was given, they shall at the same time serve a copy of the notice on the person (if any) who is the occupying tenant of the dwelling at that time and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

212Service of provisional notice: other dwellings.

(1)An occupying tenant of a dwelling which—

(a)is not in a general improvement area or a housing action area, and

(b)is without one or more of the standard amenities (whether or not it is also in a state of disrepair), and

(c)was provided (by erection or by the conversion of a building already in existence) before 3rd October 1961.

may make representations in writing to the local housing authority with a view to the exercise by the authority of their powers under this section.

(2)The authority shall notify the person having control of the dwelling of any such representations made to them.

(3)If on taking the representations into consideration the authority are satisfied that—

(a)the person making the representations is an occupying tenant of the dwelling in question,

(b)the general conditions for service of an improvement notice are met, and

(c)the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless they exercise their powers under this section,

they shall either serve a provisional notice on the person having control of the dwelling or notify the occupying tenant of their decision not to do so and give him a written statement of their reasons for that decision.

(4)The authority may serve a provisional notice under this section and take any further steps authorised under the following provisions of this Part notwithstanding that—

(a)the occupying tenant quits the dwelling, or

(b)the authority pass a resolution declaring an area in which the dwelling is situated to be a general improvement area or housing action area.

213Provisional notice: contents and matters arising.

(1)A provisional notice is a notice—

(a)specifying the works which in the opinion of the local housing authority are required for the dwelling to be improved to the full standard or, as the case may be, to the reduced standard, and

(b)stating a date, not less than 21 days after the service of the notice, and time and place at which the authority’s proposals for the carrying out of the works, any alternative proposals, any proposed housing arrangements, the views and interests of any occupying tenant and any other matters may be discussed.

(2)The authority shall, not less than 21 days before the date so stated, in addition to serving the notice on the person having control of the dwelling, serve a copy of the notice on—

(a)any occupying tenant of the dwelling, and

(b)every other person who to the knowledge of the authority is an owner, lessee or mortgagee of the dwelling.

(3)The person having control of the dwelling, any occupying tenant and every other person who is an owner, lessee or mortgagee of the dwelling are entitled to be heard when the authority’s proposals are discussed in accordance with the notice.

(4)After the service of a provisional notice and before taking any other action under the following provisions of this Part, the authority shall take into consideration all representations made on or before the occasion when their proposals with respect to the dwelling are discussed in accordance with the notice, and in particular any representations with respect to the nature of the works proposed by them for improving the dwelling or with respect to any proposed housing arrangements.

214Service of improvement notice: dwellings in general improvement area or housing action area.

(1)If a local housing authority have served a provisional notice in respect of a dwelling under section 210(1) (dwellings in general improvement area or housing action area) and—

(a)no undertaking has yet been accepted in respect of the dwelling under section 211, or

(b)such an undertaking has been accepted but the case falls within subsection (4)(a) or (b) of that section (undertaking not carried out within allotted period or unlikely to be fulfilled),

the authority may, subject to the following provisions of this section, serve an improvement notice on the person having control of the dwelling.

(2)Before serving an improvement notice under this section the authority shall satisfy themselves—

(a)that the dwelling continues to be in a general improvement area or a housing action area,

(b)that the general conditions for service of an improvement notice in respect of the dwelling are still met,

(c)that the dwelling is not for the time being owner-occupied or that the circumstances specified in section 210(2) apply or still apply in relation to it (circumstances in which provisional order may be served in respect of owner-occupied dwelling), and

(d)that, if there is an occupying tenant, the housing arrangements are satisfactory or none are required or the tenant has unreasonably refused to enter into any such arrangements.

(3)An improvement notice may not be served—

(a)by virtue of subsection (1)(a) (no undertaking accepted) more than nine months after the service of the provisional notice, or

(b)by virtue of subsection (1)(b) (undertaking not fulfilled) more than six months after the expiry of the period specified in the undertaking, or such longer period as has been duly allowed by the authority, for the completion of the works.

(4)Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling,

(5)An improvement notice served under this section is a local land charge.

215Service of improvement notice: other dwellings.

(1)Where the local housing authority have served a provisional notice in respect of a dwelling under section 212(1) (dwelling not in general improvement area or housing action area), they may, at any time before the expiry of the period of twelve months beginning with the date on which the representations of the occupying tenant were received by them under that section, serve an improvement notice on the person having control of the dwelling.

(2)Before serving an improvement notice under this section the authority shall satisfy themselves that—

(a)the general conditions for service of an improvement notice in respect of the dwelling are still met,

(b)the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless the authority exercise their compulsory improvement powers, and

(c)the housing arrangements are satisfactory or none are required or the occupying tenant has unreasonably refused to enter into any housing arrangements.

(3)Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the same time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

(4)An improvement notice served under this section is a local land charge.

216Improvement notice: contents.

(1)An improvement notice shall—

(a)specify the works which in the opinion of the local housing authority are required to improve the dwelling to the full standard or, as the case may be, to the reduced standard,

(b)state the authority’s estimate of the cost of carrying out the works, and

(c)require the person having control of the dwelling to carry out the works to the authority’s satisfaction within the period of twelve months beginning with the date on which the notice becomes operative or such longer period as the authority may by permission in writing from time to time allow.

(2)The works specified in the improvement notice may be different from the works specified in the provisional notice but shall not require the improvement of a dwelling to the full standard if the provisional notice specified works for improving the dwelling only to the reduced standard.

(3)In an improvement notice which requires the improvement of a dwelling only to the reduced standard the authority may, if they think fit, substitute for the period of twelve months specified in subsection (1)(c) such shorter period as appears to them to be appropriate.

217Appeals against improvement notices.

(1)Within six weeks from the service of an improvement notice on the person having control of the dwelling—

(a)that person,

(b)any occupying tenant of the dwelling, or

(c)any other person having an estate or interest in the dwelling,

may appeal against the notice to the county court.

(2)The grounds on which an appeal may be brought by any of those persons are—

(a)that it is not practicable to comply with the requirements of the notice at reasonable expense;

(b)that the local housing authority have refused unreasonably to approve the execution of alternative works, or that the works specified in the notice are otherwise unreasonable in character or extent;

(c)that the dwelling is in a clearance area and it would be unreasonable for the authority to require the works specified in the notice to be carried out;

(d)that the dwelling is not, or is no longer, without one or more of the standard amenities;

(e)that, in a case where the notice requires the improvement of the dwelling to the full standard, the works specified in the notice are inadequate to secure that the dwelling will attain that standard;

(f)that some person other than the appellant will, as the holder of an estate or interest in the dwelling (whether or not that estate or interest entitles him to occupation), derive a benefit from the execution of the works and ought to pay the whole or part of the cost of executing the works;

(g)that the notice is invalid on the ground that a requirement of this Part has not been complied with or on the ground of some informality, defect or error in or in connection with the notice.

(3)An appeal may also be brought—

(a)by an owner-occupier on the ground that the local housing authority are in error in considering that the circumstances specified in section 210(2) (circumstances in which notice may be served in respect of owner-occupied dwelling) exist in relation to the dwelling;

(b)by an occupying tenant on the ground that the condition in section 214(2)(d) or 215(2)(c) (housing arrangements) is not fulfilled.

(4)An improvement notice shall not be varied on appeal—

(a)so as to extend the period within which the works specified in the notice are to be carried out, or

(b)so as to require the carrying out of works to improve a dwelling to the full standard if the works specified in the notice were works to improve the dwelling to the reduced standard, or

(c)so as to require the carrying out of works to improve a dwelling to the reduced standard if the works specified in the notice were works to improve the dwelling to the full standard;

but, subject to that, on an appeal the court may make such order either confirming, quashing or varying the improvement notice as the court thinks fit.

(5)Where an appeal is brought on the ground specified in subsection (2)(f) (other person benefiting from execution of works), the court may make such order as it thinks fit with respect to the payment to be made by the other person referred to in that paragraph to the appellant or, where by virtue of section 220 the works are carried out by the local housing authority, to the authority.

(6)In so far as an appeal is based on the ground that the improvement notice is invalid, the court shall confirm the notice unless satisfied that the interests of the appellant have been substantially prejudiced by the facts relied on by him.

218Operative date and effect of improvement notice.

(1)If no appeal is brought an improvement notice becomes operative at the expiration of the period within which an appeal might have been brought.

(2)If an appeal is brought, an improvement notice becomes operative, if and so far as it is confirmed by the county court on appeal or on appeal from the county court, on the final determination of the appeal.

(3)For the purposes of subsection (2) the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the notice or the decision appealed against .

(4)An improvement notice is, subject to the right of appeal conferred by section 217, final and conclusive as to matters which could have been raised on such an appeal.

219Withdrawal of improvement notice.

(1)The local housing authority may, if they think fit, at any time withdraw an improvement notice by serving notice of the withdrawal on the person having control of the dwelling.

(2)The authority shall serve a copy of any such notice on the occupier of the dwelling (if different from the person having control of it) and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

Enforcement

220Power of local housing authority to execute works.

(1)If the works to be carried out in compliance with an improvement notice have not been carried out in whole or in part within the period for compliance, the local housing authority may themselves carry out so much of the works as has not been completed.

(2)If before the expiry of the period for compliance the person who is for the time being the person having control of the dwelling notifies the local housing authority in writing that he does not intend, or is unable to do the works in question, the authority may, if they think fit, do the works before the expiry of that period.

(3)If the local housing authority have reason to believe that the person who is for the time being the person having control of the dwelling does not intend or is unable to do the works in question in compliance with the notice—

(a)they may before the expiry of the period for compliance, but not earlier than six months after the date on which the notice becomes operative, serve on him a notice requiring him to furnish them, within 21 days of the service of the notice, with evidence of his intentions with respect to the carrying out of the works, and

(b)if, from evidence so furnished to them or otherwise, the authority are not satisfied that that person intends to carry out the works in compliance with the notice, they may, if they think fit, do the works before the expiry of the period for compliance.

(4)Not less than 21 days before beginning to do the works the local housing authority shall serve notice of their intention on the occupier of the dwelling, the person having control of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

(5)in this section the “period for compliance” with an improvement notice is the period specified in the notice or such longer period as the local housing authority may by permission in writing have allowed.

(6)The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.

221Power of court to order occupier or owner to permit things to be done.

(1)If a person, after receiving an improvement notice or a copy of an improvement notice—

(a)being the occupier of the premises, prevents the owner or person having control of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or

(b)being the occupier, owner or person having control of the premises, prevents an officer, servant or agent of the local housing authority from so doing,

a magistrates' court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.

(2)A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.

222Powers of entry.

(1)A person authorised by the local housing authority may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination with a view to ascertaining whether the requirements of an improvement notice served, or undertaking accepted, under this Part has been complied with

(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose for which the entry is authorised.

223Penalty for obstruction.

(1)It is a summary offence to obstruct a person authorised in pursuance of section 222 to enter premises in the performance of anything which he is required or authorised under that section to do.

(2)A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.

224Right of person having control as against others to carry out works.

(1)The person having control of any premises which consist of or include—

(a)a dwelling in a general improvement area or housing action area which is without all or any of the standard amenities, or

(b)a dwelling in respect of which representations have been made by an occupying tenant under section 212 (representations to local housing authority with view to exercise of compulsory improvement powers),

has, as against the occupying tenant of the dwelling and any other person having an estate or interest in the premises, the right to enter the premises in order to carry out any survey or examination required with a view to providing the dwelling with any of the standard amenities and, where appropriate, of putting it in good repair (disregarding internal decorative repair) having regard to its age and character and the locality in which it is situated.

(2)On and after the date on which an improvement notice becomes operative, the person having control of the dwelling has the right, as against any occupying tenant of the dwelling and any other person having an estate or interest in the premises which consist of or include the dwelling, to take any reasonable steps for the purpose of complying with the improvement notice.

(3)A person bound by an undertaking accepted under this Part has the right as against any occupying tenant of the dwelling to take any reasonable steps for the purpose of complying with the undertaking.

(4)The carrying out of works in pursuance of an improvement notice or an undertaking accepted under this part shall not give rise to any liability on the part of a lessee to reinstate any premises at any time in the condition in which they were before the works were carried out, or to any liability for failure so to reinstate the premises.

225Execution of works by local housing authority by agreement.

(1)The local housing authority may by agreement with a person having control of a dwelling or any other person having an estate or interest in a dwelling execute at his expense any works which he is required to carry out in the dwelling in pursuance of an improvement notice served or undertaking accepted under this Part.

(2)For that purpose the authority have all such rights as that person would have as against any occupying tenant of the dwelling and any other person having an interest in the dwelling.

Provisions for protection of owners and others

226Owners, &c. not known to local housing authority may obtain copy of notices.

Where under this Part a local housing authority are required to serve a copy of a notice on any person who, to their knowledge, is an owner, lessee or mortgagee of a dwelling, any person having an estate or interest in the dwelling who is not served with a copy of the notice is entitled, on application in writing to the authority, to obtain a copy of the notice.

227Right to serve counter-notice requiring purchase.

(1)Where a local housing authority have served an improvement notice, the person having control of the dwelling may, by notice in writing served on the the authority at any time within the period of six months beginning with the date on which the improvement notice becomes operative, require the authority to purchase his interest in the dwelling in accordance with this section.

(2)Where the person having control of a dwelling serves a notice on the authority under subsection (1), the authority shall be deemed—

(a)to be authorised under and for the purposes of Part II (provision of housing) to acquire his interest in the dwelling compulsorily, and

(b)to have served a notice to treat in respect of that interest on the date of the service of the notice under subsection (1);

and the power conferred by section 31 of the [1961 c. 33.] Land Compensation Act 1961 to withdraw a notice to treat is not exercisable in the case of a notice to treat deemed to have been so served.

(3)Within 21 days of the receipt of a notice under subsection (1) served by the person having control of a dwelling, the local housing authority shall notify every other person who, to their knowledge, is an owner, lessee or mortgagee of the dwelling or who is the occupier of it.

228Duty of local housing authority to offer loan to meet expenses of compulsory improvement.

(1)If a person who is liable—

(a)to incur expenditure in complying with an improvement notice served, or undertaking accepted, under this Part, or

(b)to make a payment as directed by a court under section 217(5) (contribution from third party deriving benefit from execution of works),

applies to the local housing authority for a loan, the authority shall, subject to the following provisions of this section, offer to enter into a contract with him for a loan by them to be secured by a mortgage of his interest in the dwelling concerned.

(2)The application shall be made in writing within the period of three months beginning with the date on which the improvement notice becomes operative or the undertaking is accepted or the payment is to be made as directed by the court, or such longer period as the authority by permission given in writing may allow.

(3)The authority shall not make an offer unless they are satisfied that the applicant can reasonably be expected to meet the obligations assumed by him in pursuance of this section in respect of the loan; and if the authority are not so satisfied as regards a loan of the amount applied for, they may, if they think fit, offer a loan of a smaller amount as regards which they are so satisfied.

(4)The authority shall not make an offer unless they are satisfied—

(a)that the applicant’s interest in the dwelling concerned is an estate in fee simple absolute in possession or an estate for a term of years which will not expire before the date for final repayment of the loan, and

(b)that, according to a valuation made on their behalf, the amount of the principal of the loan does not exceed the value which it is estimated that the mortgaged security will bear after improvement of the dwelling to the full standard or, as the case may be, to the reduced standard.

(5)The contract shall contain a condition to the effect that if—

(a)an improvement grant or intermediate grant become payable in respect of the expenditure in question, or

(b)such a grant becomes payable partly in respect of that expenditure and partly in respect of other expenditure or another payment,

the authority shall not be required to lend more than the amount of the expenditure or payment remaining after deducting the grant or, as the case may be, that part of the grant which in the opinion of the authority is attributable to that expenditure or payment.

(6)The contract offered by the authority shall require proof of title and contain such other reasonable terms as the authority may specify in their offer, and in particular may provide for the advance to be made by instalments as the works progress.

(7)The rate of interest payable on the loan shall be such as the Secretary of State may direct, either generally or in any particular case; and the Secretary of State may, if he thinks fit, give directions, either generally or in any particular case, as to the time within which a loan under this section, or any part of such a loan, is to be repaid.

229Charging order in favour of person executing works.

(1)Where the person having control of a dwelling has completed in respect of the dwelling works required to be executed by an improvement notice, he may apply to the local housing authority for a charging order.

(2)An applicant for a charging order shall produce to the authority—

(a)the certificate of the proper officer of the authority that the works have been executed to his satisfaction, and

(b)the accounts of and vouchers for the expenses of the works.

(3)The authority, when satisfied that the applicant has duly executed the required works and of the amount of the expenses, shall make an order accordingly charging on the premises an annuity to repay that amount together with the amount of the costs properly incurred in obtaining the charging order.

(4)The annuity charged shall be at the rate of £6 for every £100 of the aggregate amount charged, shall commence from the date of the order and shall be payable for a term of 30 years to the person named in the order, his executors, administrators or assigns.

(5)A person aggrieved by a charging order may, within 21 days after notice of the order has been served on him, appeal to the county courtX; and where notice of such an appeal has been given no proceedings shall be taken under the order until the appeal is determined or ceases to be prosecuted.

(6)The proper officer of the local housing authority shall file and record copies, certified by him to be true copies, of any charging order made under this section, the certificate given under subsection (2)(a) and the accounts as passed by the authority.

230Form, effect, &c. of charging order.

(1)A charging order under section 229 shall be in such form as the Secretary of State may prescribe.

(2)The charge created by such a charging order shall be a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—

(a)charges under section 200 (charge in favour of person executing works required by repair notice),

(b)tithe rentcharge,

(c)charges within section 1(1)(a) of the [1975 c. 76.] Local Land Charges Act 1975 (statutory charges in favour of public authorities), and

(d)charges created under any Act authorising advances of public money.

(3)Charges under section 229 and section 200 (the corresponding provision in relation to repair notices) take order as between themselves according to their respective dates.

(4)The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.

(5)The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may prescribe.

(6)An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 229 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement determined by the Secretary of State.

Miscellaneous

231Modifications of the Agricultural Holdings Act 1948.

(1)Section 9 of the [1948 c. 63.] Agricultural Holdings Act 1948 (increase of rent for improvements carried out by landlord) applies to improvements carried out in compliance with an improvement notice or an undertaking accepted under this Part as it applies to improvements carried out at the request of the tenant; but where a tenant has contributed to the cost incurred by his landlord in carrying out the improvement, the increase in rent provided for by that section shall be reduced proportionately.

(2)Works carried out in compliance with an improvement notice or an undertaking accepted under this Part shall be included among the improvements specified in paragraph 8 of Schedule 3 to the [1948 c. 63.] Agricultural Holdings Act 1948 (tenant’s right to compensation for erection, alteration or enlargement of buildings); but subject to the power conferred by section 78 of that Act to amend that Schedule.

(3)Section 49 of the Agricultural Holdings Act 1948 (tenant’s right to compensation conditional on landlord consenting to the carrying out of the improvements) does not apply to works carried out in compliance with an improvement notice or an undertaking accepted under this Part.

(4)Where a person other than the tenant claiming compensation has contributed to the cost of carrying out works in compliance with an improvement notice or an undertaking accepted under this Part, compensation in respect of the works, as assessed under section 48 of the Agricultural Holdings Act 1948, shall be reduced proportionately.

232Exclusion of dwellings controlled by Crown or a public authority.

(1)No provisional notice or improvement notice may be served in respect of a dwelling in which there is a Crown or Duchy interest except with the consent of the appropriate authority; but if that consent is given this Part applies as to a dwelling in which there is no such interest.

(2)No provisional notice or improvement notice may be served in respect of a dwelling if the person having control of the dwelling is—

• a local authority,

• a new town corporation,

• the Development Board for Rural Wales,

• the Housing Corporation,

• a registered housing association, or

• a housing trust which is a charity.

(3)If after a provisional notice or improvement notice has been served in respect of a dwelling—

(a)in the case of a dwelling in which there is a Crown or Duchy interest, the appropriate authority becomes the person having control of the dwelling, or

(b)any such body as is mentioned in subsection (2) becomes the person having control of the dwelling,

the notice, and any undertaking accepted under this Part with respect to the dwelling, shall cease to have effect.

(4)Where an improvement notice ceases to have effect by virtue of subsection (3), the body which or person who has become the person having control of the dwelling shall notify the officer who registered the notice in the register of local land charges and furnish him with all information required by him for the purpose of cancelling the registration.

(5)In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority” means—

(a)in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b)in relation to land belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate, the government department having the management of the land;

(c)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(d)in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints,

(e)in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and if any question arises as to what authority is the appropriate authority in relation to any land, the question shall be referred to the Treasury whose decision shall be final.

(6)In this section “local authority” includes—

• a parish or community council,

• the trustees of the Honourable Society of the Inner Temple,

• the trustees of the Honourable Society of the Middle Temple, and

• the police authority for any police area,

and any joint board or joint committee all the constituent members of which are local authorities for the purposes of this section.

233Effect of area ceasing to be general improvement area or or housing action area.

If, after an undertaking has been accepted under this Part in respect of a dwelling or an improvement notice has been served in respect of a dwelling under section 214 (dwelling in general improvement area or housing action area)—

(a)the general improvement area or housing action area in which the dwelling is situated ceases to be such an area, or

(b)the land on which the dwelling is situated is excluded from such an area,

the provisions of this Part continue to apply in relation to the undertaking or notice as if the dwelling continued to be in a general improvement area or housing action area declared by the authority by whom the undertaking was accepted or the notice served.

Supplementary provisions

234Meaning of “full standard” and “reduced standard”.

(1)For the purposes of this Part a dwelling shall be taken to attain the full standard if the following conditions are met—

(a)it is provided with all the standard amenities for the exclusive use of its occupants;

(b)it is in reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated;

(c)it conforms with such requirements with respect to thermal insulation as may be specified by the Secretary of State for the purposes of this section;

(d)it is in all other respects fit for human habitation;

(e)it is likely to be available for use as a dwelling for a period of 15 years or such other period as may be specified by the Secretary of State for the purposes of this section.

(2)The local housing authority may (subject to subsection (3)) dispense wholly or in part with any of the conditions in subsection (1), and a dwelling shall be taken to attain the reduced standard if those conditions are met so far as not dispensed with.

(3)The authority shall not dispense with the condition specified in subsection (1)(a) (standard amenities) where they are satisfied that the dwelling is, or forms part of, a house or building in respect of which they could by notice under section 352 (houses in multiple occupation: power to require execution of works to render premises fit for number of occupants) require the execution of such works as are referred to in that section.

235Meaning of “housing arrangements”.

In this Part “housing arrangements” means arrangements—

(a)making provision for the housing of an occupying tenant of a dwelling and his household during the period when improvement works are being carried out, or after the completion of the works, or during that period and after completion of the works (and for any incidental or ancillary matters), and

(b)contained in a written agreement to which the occupying tenant and either his landlord or the local housing authority, or both, are parties.

236Meaning of “person having control” and “occupying tenant”.

(1)References in this Part to the person having control of a dwelling shall be construed as follows—

(a)if the dwelling is owner-occupied, the person having control of it is the owner-occupier;

(b)if there is an occupying tenant of the dwelling who is a person employed in agriculture (as defined in section 17(1) of the [1948 c. 47.] Agricultural Wages Act 1948) and who occupies or resides in the dwelling as part of the terms of his employment, the person having control of the dwelling is the employer or other person by whose authority the occuping tenant occupies or resides in the dwelling;

(c)in any other case, the person having control of the dwelling is the person who is either the owner of it or the lessee of it under a long tenancy and whose interest in the dwelling is not in reversion on that of another person who has a long tenancy.

(2)In this Part “occupying tenant”, in relation to a dwelling, means a person (other than an owner-occupier) who—

(a)occupies or is entitled to occupy the dwelling as a lessee; or

(b)is a statutory tenant of the dwelling; or

(c)occupies the dwelling as a residence under a restricted contract; or

(d)is employed in agriculture (as defined in section 17(1) of the Agricultural Wages Act 1948) and occupies or resides in the dwelling as part of his terms of employment.

237Minor definitions.

In this Part—

• “dwelling” means a building or part of a bulding occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “improvement” includes alteration and enlargement and, so far as also necessary to enable a dwelling to reach the full standard or the reduced standard, repair, and “improved” shall be construed accordingly;

• “long tenancy” has the same meaning as in Part I of the [1967 c. 88.] Leasehold Reform Act 1967;

• “owner”, in relation to a dwelling, means the person who otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple in the dwelling;

• “owner-occupier”, in relation to a dwelling, means the person who, as owner or as lessee under a long tenancy, occupies or is entitled to occupy the dwelling, and “owner-occupied” shall be construed accordingly;

• “standard amenities” has the same meaning as in Part XV (improvement grants, &c.).

238Index of defined expressions: Part VII.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in ths same section or paragraph):—

PART VIIIAREA IMPROVEMENT

Housing action areas

239Declaration of housing action area.

(1)Where a report with respect to an area within their district consisting primarily of housing accommodation is submitted to the local housing authority by a person appearing to the authority to be suitably qualified (who may be an officer of the authority), and the authority, upon consideration of the report and of any other information in their possession, are satisfied, having regard to—

(a)the physical state of the housing accommodation in the area as a whole, and

(b)social conditions in the area,

that the requirement mentioned in subsection (2) is fulfilled with respect to the area, they may cause the area to be defined on a map and by resolution declare it to be a housing action area.

(2)The requirement is that the living conditions in the area are unsatisfactory and can most effectively be dealt with within a period of five years so as to secure—

(a)the improvement of the housing accommodation in the area as a whole,

(b)the well-being of the persons for the time being resident in the area, and

(c)the proper and effective management and use of that accommodation,

by declaring the area to be a housing action area.

(3)In considering whether to take action under this section the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State, either generally or with respect to a particular authority or description of authority or in any particular case, with regard to the identification of areas suitable to be declared housing action areas.

(4)An area which is declared to be a housing action area shall be such an area for the period of five years beginning with the date on which the resolution is passed, subject to—

(a)section 241(2)(a) (power of Secretary of State to overrule declaration),

(b)section 250(1)(b) (power of local housing authority to terminate housing action area), and

(c)section 251 (extension of duration of housing action area).

(5)A resolution declaring an area to be a housing action area is a local land charge.

240Steps to be taken after declaration of housing action area.

(1)As soon as may be after passing a resolution declaring an area to be a housing action area the local housing authority shall take the following steps.

(2)They shall publish in two more more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—

(a)identifying the area, and

(b)naming a place where a copy of the resolution, a map on which the area is defined and of the report referred to in section 239 may be inspected at all reasonable times.

(3)They shall take such further steps as appear to them best designed to secure—

(a)that the resolution and the obligations imposed by section 247 (duty to notify local housing authority of changes of ownership or occupation of land) are brought to the attention of persons residing or owning property in the area, and

(b)that those persons are informed of the name and address of the person to whom should be addressed inquiries and representations concerning action to be taken with respect to the area or concerning the obligations imposed by that section.

(4)They shall send to the Secretary of State—

(a)a copy of the resolution, the map and a copy of the report mentioned in section 239(1),

(b)a statement of the numbers of dwellings, houses in multiple occupation and hostels in the area, and

(c)a statement, containing such information as the Secretary of State may for the time being require, either generally or with respect to a particular authority or description of authority or in any particular case, showing the basis on which the authority satisfied themselves, having regard to the matters mentioned in section 239(1) and any relevant guidance under section 239(3), that the area was suitable to be a housing action area.

(5)They shall also send to the Secretary of State a statement of their proposals, whether general or specific, for the participation of registered housing associations in dealing with living conditions in the area.

241Functions of Secretary of State with respect to declaration of housing action area.

(1)When a local housing authority have declared an area to be a housing action area and have sent to the Secretary of State the documents referred to in section 240(4), he shall send them a written acknowledgement of the recipt of those documents.

(2)If it appears to the Secretary of State appropriate to do so, he may, at any time within the period of 28 days beginning with the day on which he sent the acknowledgement, notify the authority—

(a)that the area declared by them to be a housing action area is no longer to be such an area, or

(b)that land defined on a map accompanying the notification is to be excluded from the area,

or notify them that he requires more time to consider their declaration of the area as a housing action area.

(3)Where the Secretary of State notifies an authority that he requires more time, he may direct the authority to send him such further information and documents as are specifed in the direction; and on completion of his consideration of the matter, he shall either—

(a)notify the authority as mentioned in subsection (2)(a) or (b), or

(b)notify them that he proposes to take no further action with respect to their declaration.

(4)Where the Secretary of State notifies the authority as mentioned in subsection (2)(a) or (b) (whether under that subsection or under subsection (3)), the area concerned shall cease to be a housing action area or, as the case may be, the land concerned shall be excluded from the housing action area, with effect from the date on which the authority is so notified.

(5)The authority shall, as soon as may be after the receipt of the notification, publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice—

(a)stating the effect of the Secretary of State’s notification, and

(b)naming a place where a copy of the notification and, in the case of a notification excluding land from the area, a copy of the amended map of the housing action area, may be inspected at all reasonable times,

and take such further steps as may appear to them best designed to secure that the effect of the notification is brought to the attention of persons residing or owning property in the area declared by them to be a housing action area.

242Incorporation into housing action area of land comprised in general improvement area.

(1)If a local housing authority propose to declare as a housing action area an area which consists of or includes land which is comprised in a general improvement area, they shall indicate on the map referred to in section 239(1) the land which is so comprised.

(2)With effect from the date on which the resolution is passed declaring such an area to be a housing action area, the land so indicated shall be deemed to have been excluded from the general improvement area or, as the case may be, to have ceased to be such an area by virtue of a resolution under section 258 passed on that date, but subject to the following provisions.

(3)If the Secretary of State notifies the local housing authority in accordance with section 241 that the area declared by them to be a housing action area is no longer to be such an area, subsection (2) shall be treated as never having applied in relation to land in that area.

(4)If the Secretary of State notifies the local housing authority in accordance with section 241 that any land within the area declared by the authority to be a housing action area is to be excluded from the housing action area, subsection (2) shall be treated as never having applied in relation to land so excluded.

243General powers of local housing authority.

(1)Where a local housing authority have declared an area to be a housing action area, they may, for the purpose of securing or assisting in securing all or any of the objectives specified in section 239(2)(a) to (c) exercise the following powers.

(2)They may acquire by agreement, or be authorised by the Secretary of State to acquire compulsorily, land in the area on which there are premises consisting of or including housing accommodation.

(3)They may undertake on land so acquired all or any of the following activities—

(a)the provision of housing accommodation (by the construction, conversion or improvement of buildings, or otherwise);

(b)the carrying out of works for the improvement or repair of housing accommodation (including works to the exterior, or on land within the curtilage, of buildings containing housing accommodation);

(c)the management of housing accommodation;

(d)the provision of furniture, fittings or services in or in relation to housing accommodation.

(4)If after—

(a)the authority have entered into a contract for the acquisition of land under subsection (2), or

(b)a compulsory purchase order authorising the acquisition of land under that subsection has been confirmed,

the housing action area concerned ceases to be such an area or the land is excluded from the area, the provisions of that subsection continue to apply as if the land continued to be in a housing action area.

244Environmental works.

(1)For the purpose of improving the amenities in a housing action area, the local housing authority may—

(a)carry out environmental works on land belonging to them, and

(b)give assistance towards the carrying out of environmental works by others.

(2)Assistance under subsection (1)(b) may be given to any person having an interest in the land in question and may consist of all or any of the following—

(a)a grant in respect of expenditure which appears to the authority to have been properly incurred in carrying out the works;

(b)the provision of materials for the carrying out of the works;

(c)the execution of the works, by agreement with the person concerned, either at his expense or at the authority’s expense or partly at his expense and partly at the authority’s expense.

(3)No such assistance shall be given towards works in respect of which an application for an improvement grant, intermediate grant, special grant or repairs grant has been approved.

(4)Where the assistance takes the form of a grant, it may be paid—

(a)after completion of the works, or

(b)in part by instalments as the works progress and the balance after completion of the works;

but where part is paid by instalments the aggregate amount of the instalments paid at any time whilst the works are in progress shall not exceed one-half of the cost of the works executed up to that time.

(5)In this section “environmental works” means any works other than works to the interior of housing accommodation.

245Contributions by Secretary of State.

(1)The Secretary of State may pay contributions to a local housing authority towards such expenditure incurred by them under section 244 (environmental works) as he may determine.

(2)The contributions shall be annual sums—

(a)payable in respect of a period of 20 years beginning with the financial year in which the expenditure towards which the contribution is made is incurred, and

(b)equal to one-half of the annual loan charges referable to that expenditure, that is to say, the annual sum that, in the opinion of the Secretary of State, would fall to be paid by the local housing authority for the repayment of principal and the payment of interest on a loan of an amount equal to the expenditure repayable over that period.

(3)The aggregate of the expenditure towards which such contributions may be made with respect to a housing action area shall not exceed the sum arrived at by multiplying—

(a)£400, by

(b)the number of dwellings, houses in multiple occupation and hostels stated by the local housing authority under section 240(4)(b) to be in the area ;

but two adjoining housing action areas may for this purpose be treated as one.

(4)The Secretary of State may, with the consent of the Treasury—

(a)by order substitute in subsections (2) and (3) another fraction for one-half and another amount for £400

(b)direct that those subsections shall have effect, in the case of a housing action area specified in the direction or of a description so specified, with the substitution of a higher fraction or a greater amount than that for the time being specified in the subsection.

(5)An order under subsection (4)(a)—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

246Duty to publish information.

Where a local housing authority have declared an area to be a housing action area, they shall bring to the attention of persons residing or owning property in the area—

(a)the action they propose to take in relation to the housing action area, and

(b)the assistance available for the improvement of the housing accommodation in the area,

by publishing from time to time, in such manner as appears to them appropriate, such information as is in their opinion best designed to further the purpose for which the area was declared a housing action area.

247Changes of ownership or occupation of land to be notified to local housing authority.

(1)This section—

(a)applies to land in a housing action area which consists of or includes housing accommodation, and

(b)comes into operation in relation to a housing action area at the end of the period of four weeks beginning with the date on which the housing action area is declared.

(2)Where notice to quit is served in respect of land to which this section applies on a tenant who occupies as a dwelling the whole or part of the land, the landlord by whom, or on whose behalf, the notice was served shall, within the period of seven days beginning with the date on which the notice was served, notify the local housing authority that the notice has been served.

(3)Where a tenancy of land to which this section applies is about to expire by effluxion of time, the person who is the landlord under the tenancy shall, not less than four weeks before the tenancy does so expire, notify the local housing authority that the tenancy is about to expire.

(4)A person who carries out a disposal of land to which this section applies, other than a disposal excepted by subsection (5), shall notify the local housing authority, not less than four weeks or more than six months before the date of the disposal, that the disposal is about to take place.

(5)Subsection (4) does not apply to—

(a)a disposal by a person who, throughout the period of six months ending on the date of the disposal has been continuously in exclusive occupation (with or without members of his household) of the land to which the disposal relates;

(b)a disposal to which the local housing authority are a party;

(c)the grant of a protected tenancy or protected occupancy or the entering into of a restricted contract;

(d)the grant or assignment of a lease (of land or an interest in land) for a term which expires within the period of five years and three months beginning on the date of the grant of the lease, where neither the lease nor any other instrument or contract confers on the lessor or the lessee an option (however expressed) to renew or extend the term so that the new or extended term would continue beyond the end of that period;

(e)the grant of an estate or interest by way of security for a loan;

(f)a conveyance of an estate or interest which gives effect to a contract to convey that estate or interest which was duly notified to the local housing authority in accordance with subsection (4).

(6)When the local housing authority receive notification from a person under this section with respect to any land they shall—

(a)send him, as soon as practicable, written acknowledgement of the receipt of the notification, stating the date on which it was received, and

(b)inform him, within the period of four weeks beginning with that date, of what action, if any, they propose to take with respect to that land as a result of the notification.

248Form and contents of notification under s. 247.

(1)A notification under section 247 shall be in writing and contain the information required by this section.

(2)Every notification shall contain—

(a)the name and address of the person by whom it is given,

(b)the address of, and any further information necessary to identify, the land to which it relates, and

(c)the estate or interest in that land which the person by whom it is given has at the time it is given.

(3)The reference in subsection (2)(a) to a person’s address is to his place of abode or place of business or, in the case of a company, to its registered office.

(4)To the extent that it is capable of being given by reference to a plan accompanying the notification, the information required by subsection (2)(b) may be so given.

(5)A notification required by section 247(2) or (3) (notice to quit or impending expiry of tenancy) shall specify—

(a)whether the tenancy concerned is periodic or for a term certain,

(b)the length of the period or term, and

(c)the date on which the tenancy will come to an end (by virtue of the service of the notice to quit or by effluxion of time);

and in the case of a notification required by section 247(2) the landlord may also, if he considers it appropriate, give his reason for serving notice to quit.

(6)A notification required by section 247(4) (disposal of land) shall specify—

(a)whether at the time the notification is given the person giving it intends to retain an estate or interest in the land, and

(b)if he does, the nature of that estate or interest and the land in which he intends that it should subsist.

249Penalty for failure to notify, &c.

(1)A person who—

(a)fails without reasonable excuse to comply with an obligation imposed on him by section 247(2) or (3), or

(b)without reasonable excuse carries out a disposal of land without having complied with the obligation imposed on him by section 247(4), or

(c)in purporting to comply with an obligation imposed on him by section 247 knowingly or recklessly furnishes a notification which is false in a material particular, or

(d)knowingly or recklessly omits from any such notification any information required to be contained in it by virtue of any provision of section 248,

commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.

(2)The commission by a person of an offence under subsection (1) does not affect—

(a)in the case of a notification required by section 247(2) or (3) (notice to quit or expiry of tenancy), the date on which the tenancy expires;

(b)in the case of a notification required by section 247(4) (disposal of land), the validity of the disposal.

250Exclusion of land from, or termination of, housing action area.

(1)The local housing authority may by resolution—

(a)exclude land from a housing action area, or

(b)declare that an area shall cease to be a housing action area on the date on which the resolution is passed;

and as soon as may be after passing such a resolution the authority shall take the following steps.

(2)They shall send a copy of the resolution to the Secretary of State.

(3)They shall publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—

(a)in the case of a resolution excluding land from a housing action area, identifying the housing action area concerned and the land excluded from it.

(b)in the case of a resolution declaring that an area is no longer to be a housing action area, naming a place at which a copy of the resolution may be inspected at all reasonable times.

(4)They shall take such further steps as may appear to the authority best designed to secure that the resolution is brought to the attention of persons residing or owning property in the housing action area.

251Extension of duration of housing action area.

(1)The local housing authority may by resolution extend the duration of a housing action area by a period of two years, and may do so more than once.

(2)Written notification of the passing of the resolution must be given by the authority to the Secretary of State at least three months before the date on which the housing action area would otherwise cease to exist.

(3)On recipt of a notification under subsection (2) the Secretary of State shall send a written acknowledgement to the authority.

(4)If it appears to the Secretary of State appropriate to do so, he may, at any time within the period of 28 days beginning with the day on which he sent the acknowledgement, notify the authority—

(a)that the duration of the housing action area is not to be extended in accordance with their resolution, or

(b)that he requires more time to consider their extension of the duration of the housing action area.

(5)Where the Secretary of State notifies an authority that he requires more time, he shall on completion of his consideration of the matter notify the authority—

(a)that the duration of the housing action area is not to be extended in accordance with their resolution,

(b)where the extension has already begun to run, that the area is to cease to be a housing action on such date as may be specified in the notification, or

(c)that he proposes to take no further action with respect to their resolution.

(6)As soon as may be after passing a resolution or receiving a notification from the Secretary of State under this Section (other than a notification that he proposes to take no further action), the local housing authority shall—

(a)publish in two or more newspapers circulating in the locality (of which at least one shall,if practicable, be a local newspaper) a notice of the resolution or, as the case may be stating the effect of the notification, naming a place where a copy of the resolution or notification may be inspected at all reasonable times, and

(b)take such further steps as appear to the authority best designed to secure that the resolution or notification is brought to the attention of persons residing or owning property in the housing action areas concerned.

252Meaning of “housing accommodation” and related expressions.

In the provisions of this Part relating to housing action areas—

(a)“housing accommodation” means dwellings, houses in multiple occupation and hostels;

(b)“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to or usually enjoyed with that building or part; and

(c)“house in multiple occupation” means a house which is occupied by persons who do not form a single household, exclusive of any part the house which is occupied as a separate dwelling by persons who do form a single household.

General improvement areas

253Declaration of general improvement area.

(1)Where a report with respect to a predominantly residential area within their district is submitted to the local housing authority by a person appearing to the authority to be suitably qualified (who may be an officer of the authority), and it appears to the authority, upon consideration of the report and of any other information in their possession—

(a)that living conditions in the area can most appropriately be improved by the improvement of the amenities of the area or of dwellings in the area, or both, and

(b)that such an improvement may be effected or assisted by the exercise of their powers under the provisions of this Part relating to general improvement areas,

the authority may cause the area to be defined on a map and by resolution declare it to be a general improvement area.

(2)A general improvement area may not be defined so as to include, but may be defined so as to surround, land which is comprised in a housing action area.

(3)A general improvement area may not (unless the land has been cleared of buildings) be so defined as to include, but may be so defined as to surround—

(a)land comprised in a clearance area,

(b)land purchased by the local housing authority under section 290(2) (land surrounded by or adjoining clearance area), or

(c)land included in a clearance area under section 293(1) (local housing authority’s own property);

and where the Secretary of State on confirming a compulsory purchase order under Schedule 22 (acquisition of land for clearance) modifies the order by excluding from a clearance area land adjoining a general improvement area, the land shall, unless the Secretary of State otherwise directs, be taken to be included in the general improvement area.

254Steps to be taken after declaration.

(1)As soon as may be after passing a resolution declaring an area to be a general improvement area the local housing authority shall take the following steps.

(2)They shall publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—

(a)identifying the area, and

(b)naming the place where a copy of the resolution, of the map on which the area is defined and of the report mentioned in section 253(1) may be inspected at all reasonable times.

(3)They shall take such further steps as appear to them best designed to secure—

(a)that the resolution is brought to the attention of persons residing or owning property in the area, and

(b)that those persons are informed of the name and address of the person to whom enquiries and representations should be addressed concerning action to be taken in the exercise of the authority’s powers under the provisions of this Part relating to general improvement areas.

(4)They shall send to the Secretary of State a copy of the resolution, of the report and of the map and a statement of the number of dwellings in the area.

255General powers of local housing authority.

(1)Where a local housing authority have declared an area to be a general improvement area, they may, for the purpose of effecting or assisting the improvement of the amenities of the area, or of the dwellings in the area, or both—

(a)carry out works on land owned by them and assist (by grants, loans or otherwise) in the carrying out of works on land not owned by them,

(b)acquire any land by agreement, and

(c)let or otherwise dispose of land for the time being owned by them;

and may be authorised by the Secretary of State to acquire compulsorily land within the general improvement area or adjoining it.

(2)The authority may not under this section—

(a)improve a dwelling which has not been acquired or provided by them in pursuance of this section, or

(b)make a grant towards the cost of works in a case where an improvement grant, intermediate grant, special grant or repairs might be made under Part XV.

256Power to apply for orders extinguishing right to use vehicles on highway.

(1)A local housing authority who have declared a general improvement area may exercise the powers of a local planning authority under section 212 of the [1971 c. 78.] Town and Country Planning Act 1971 (extinguishment of right to use vehicles on certain highways) with respect to a highway in that area notwithstanding that they are not the local planning authority, but subject to the following provisions.

(2)The local housing authority shall not make an application under subsection (2) or (8) of that section (application to Secretary of State to make or revoke order extinguishing right to use vehicles) except with the consent of the local planning authority.

(3)If the local housing authority are not also the highway authority, any such application made by them shall in the first place be sent to the highway authority who shall transmit it to the Secretary of State.

(4)Where an order under subsection (2) of that section (order extinguishing right to use vehicles) has been made on an application made by a local housing authority by virtue of this section—

(a)any compensation under subsection (5) of that section (compensation for loss of access to highway) is payable by them instead of by the local planning authority, and

(b)they may exercise their powers as the competent authority under section 213 of that Act (provision of amenities for highway reserved to pedestrians) without the consent to the local planning authority.

257Duty to publish information.

Where a local housing authority have declared an area to be a general improvement area, they shall bring to the attention of persons residing in the area or owning property in it—

(a)the action they propose to take in the exercise of their powers under the provisions of this Part relating to general improvement areas, and

(b)the assistance available for the improvement of the amenities of the area or of the dwellings in the area,

by publishing from time to time, in such manner as appears to them appropriate, such information as is in their opinion best designed to further the objects of those provisions.

258Exclusion of land from, or termination of, general improvement area.

(1)The local housing authority may by resolution—

(a)exclude land from a general improvement area, or

(b)declare an area to be no longer a general improvement area.

(2)The resolution does not affect the continued operation of the provisions of this Part relating to general improvement areas, or any other provision so relating, in relation to works begun before the date on which the resolution takes effect; but the exclusion or cessation does apply with respect to works which have not been begun before that date, notwithstanding that expenditure in respect of the works has been approved before that date.

259Contributions by Secretary of State.

(1)The Secretary of State may pay contributions to a local housing authority towards such expenditure incurred by them under the provisions of this Part relating to general improvement areas as he may determine.

(2)The contributions shall be annual sums—

(a)payable in respect of a period of 20 years beginning with the financial year in which the expenditure towards which the contribution is made is incurred, and

(b)equal to one-half of the annual loan charges referable to that expenditure, that is to say, the annual sum that, in the opinion of the Secretary of State, would fall to be paid by the local housing authority for the repayment of principal and the payment of interest on a loan of an amount equal to the expenditure repayable over that period.

(3)The aggregate of the expenditure towards which such contributions may be made with respect to a general improvement area shall not exceed the sum arrived at by multiplying—

(a)£400, by

(b)the number of dwellings stated by the local housing authority under section 254(4) to be in the areaX;

but two adjoining general improvement areas may for this purpose be treated as one.

(4)The Secretary of State may, with the consent of the Treasury—

(a)by order substitute in subsections (2) and (3) another fraction for one-half and another amount for £400;

(b)direct that those subsections shall have effect, in the case of a general improvement area specified in the direction or of a description so specified, with the substitution of a higher fraction or a greater amount than that for the time being specified in the subsection.

(5)An order under subsection (4)(a)—

(a)may make different provision for different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(6)For the purposes of this section—

(a)the cost of acquiring an estate or interest in a case where periodical payments fall to be made in connection with the acquisition shall be taken to include such sum as the Secretary of State may determine to be the capital equivalent of those payments; and

(b)the cost of works shall be taken to include the cost of the employment in connection with the works of an architect, engineer, surveyor, land-agent or other person in an advisory or supervisory capacity.

(7)In the case of contributions payable in respect of—

(a)works to which the [1971 c. 76.] Housing Act 1971 applied (works in certain areas completed before 23rd June 1974), or

(b)expenditure on providing land treated as expenditure on such works by virtue of section 2(4) of that Act,

subsection (2)(b) above has effect with the substitution of “75 per cent.” for “one-half”.

Supplementary provisions

260Powers of entry.

(1)A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises—

(a)for the purposes of survey and examination where is appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised; or

(b)for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.

(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.

261Penalty for obstruction.

(1)It is a summary offence to obstruct an officer of the local housing authority, or of the Secretary of State, or a person authorised to enter premises in pursuance of this Part, in the performance of anything which that officer, authority or person is by this Part required or authorised to do.

(2)A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.

262Minor definitions.

In this Part—

• “disposal”, in relation to land, includes a conveyance of, or contract to convey, an estate or interest not previously in existence;

• “owner”, in relation to premises—

  (a)

  means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or reversion, and

  (b)

  includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

263Index of defined expressions: Part VIII.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section):—

PART IXSLUM CLEARANCE

Demolition or closing of unfit premises beyond repair at reasonable cost

264Power to accept undertaking as to reconstruction or use of unfit house.

(1)Where the local housing authority are satisfied that a house is unfit for human habitation and not capable of being rendered so fit at reasonable expense, they shall serve on—

(a)the person having control of the house,

(b)any other person who is an owner of the house, and

(c)every mortgagee of the house whom it is reasonably practicable to ascertain,

notice of a time (at least 21 days after the service of the notice) and place at which the condition of the house and any offer which he may wish to submit with respect to the carrying out of works, or the future user of the premises, will be considered by the authority.

(2)Every person on whom such a notice is served is entitled to be heard when the matter is so taken into consideration.

(3)A person on whom such a notice is served shall, if he intends to submit an offer with respect to the carrying out of works—

(a)within 21 days from the date of the service of the notice on him, serve on the authority notice in writing of his intention to make such an offer, and

(b)within such reasonable period as the authority may allow, submit to them a list of the works which he offers to carry out.

(4)The local housing authority may, if after consultation with an owner or mortgagee of the house they think fit to do so, accept an undertaking from him, either—

(a)that he will within a specified period carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or

(b)that the house will not be used for human habitation until the authority, on being satisfied that it has been rendered fit for that purpose, cancel the undertaking.

(5)Nothing in the Rent Acts prevents possession being obtained by an owner of premises in a case where an undertaking has been given under this section that the premises will not be used for human habitation.

(6)A person who, knowing that an undertaking has been given under this section that premises will not be used for human habitation, uses the premises in contravention of the undertaking or permits them to be so used, commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which he so uses them or permits them to be used after conviction.

(7)In this section references to a house include a hut, tent, caravan or other temporary or movable form of shelter which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken.

265Demolition or closing order to be made where no undertaking accepted or undertaking broken.

(1)If no undertaking under section 264 is accepted by the local housing authority or if, where they have accepted such an undertaking—

(a)any work to which the undertaking relates is not carried out within the specified period, or

(b)the house is at any time used in contravention of the terms of the undertaking,

the authority shall forthwith make a demolition or closing order in respect of the premises to which the notice under that section relates.

(2)The authority shall make a demolition order unless—

(a)they consider it inexpedient to make a demolition order having regard to the effect of the demolition on another building, or

(b)section 304(1) applies (listed buildings and buildings protected by notice pending listing),

in which case they shall make a closing order.

(3)The provisions of this section have effect subject to section 300 (power to purchase for temporary housing use houses liable to be demolished or closed).

266Power to make closing order as to part of building.

A local housing authority may under sections 264 and 265 take the like proceedings in relation to—

(a)any part of a building which is used, or is suitable for use, as a dwelling, or

(b)an underground room which is deemed to be unfit for the purposes of this section in accordance with section 282,

as they are empowered to take in relation to a house, subject, however, to the qualification that instead of a demolition order they shall make a closing order.

267Content of demolition and closing orders.

(1)A demolition order is an order requiring that the premises—

(a)be vacated within a specified period (of at least 28 days) from the date on which the order becomes operative, and

(b)be demolished within six weeks after the end of that period or, if it is not vacated before the end of that period, after the date on which it is vacated or, in either case, within such longer period as in the circumstances the local housing authority consider it reasonable to specify.

(2)A closing order is an order prohibiting the use of the premises to which it relates for any purpose not approved by the local housing authority.

(3)The approval of the local housing authority shall not be unreasonably withheld, and a person aggrieved by the withholding of such approval by the authority may, within 21 days of the refusal, appeal to the county court.

268Service of notice of order.

(1)Where a local housing authority have made a demolition or closing order, they shall serve a copy of the order on—

(a)the person having control of the premises,

(b)any other person who is an owner of the premises, and

(c)every mortgagee of the premises whom it is reasonably practicable to ascertain.

(2)An order against which no appeal is brought becomes operative at the end of the period of 21 days from the date of service of the order and is final and conclusive as to matters which could have been raised on an appeal.

269Right of appeal against order.

(1)A person aggrieved by a demolition or closing order may, within 21 days after the date of the service of the order, appeal to the county court.

(2)No appeal lies at the instance of a person who is in occupation of the premises under a lease or agreement with an unexpired term of three years or less.

(3)On an appeal the court—

(a)may make such order either confirming or quashing or varying the order as it thinks fit, and

(b)may, if it thinks fit, accept from an appellant any undertaking which might have been accepted by the local housing authority.

(4)The court shall not accept an undertaking to carry out works from an appellant on whom a notice was served under section 264(1) (notice of appointment to consider condition of premises) unless the appellant complied with the requirements of section 264(3) (duty to give notice of intention to offer undertaking and to supply list of works).

(5)An undertaking accepted by the court has the same effect as an undertaking given to and accepted by the local housing authority under section 264.

(6)If an appeal is brought the order does not become operative until—

(a)a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b)if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.

Demolition orders

270Demolition orders: recovery of possession of building to be demolished.

(1)Where a demolition order has become operative, the local housing authority shall serve on the occupier of any building, or part of a building, to which the order relates a notice—

(a)stating the effect of the order,

(b)specifying the date by which the order requires the building to be vacated, and

(c)requiring him to quit the building before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2)If any person is in occupation of the building, or any part of it, at any time after the date on which the notice requires the building to be vacated, the local housing authority or an owner of the building may apply to the county court which shall thereupon order vacant possession of the building or part to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.

(3)Nothing in the Rent Acts affects the provisions of this section relating to the obtaining possession of a building.

(4)Expenses incurred by the local housing authority under this section in obtaining possession of a building, or part of a building, may be recovered by them by action from the owner, or from any of the owners, of the building.

(5)A person who, knowing that a demolition order has become operative and applies to a building—

(a)enters into occupation of the building, or a part of it, after the date by which the order requires it to be vacated, or

(b)permits another person to enter into such occupation after that date,

commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which the occupation continues after conviction.

271Demolition orders: execution of order.

(1)When a demolition order has become operative, the owner of the premises to which it applies shall demolish the premises within the time limited by the order, and if the premises are not demolished within that time the local housing authority shall enter and demolish them and sell the materials.

(2)Subsection (1) has effect subject to—

• section 273 (cleansing before demolition),

• section 274 (power to permit reconstruction), and

• section 275 (use otherwise than for human habitation).

272Demolition orders: expenses of local housing authority, &c.

(1)Expenses incurred by the local housing authority under section 271 (execution of demolition order), after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the premises.

(2)If there is more than one owner—

(a)the expenses may be recovered by the local housing authority from the owners in such shares as the court may determine to be just and equitable, and

(b)an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3)A surplus in the hands of the authority shall be paid by them to the owner of the premises or, if there is more than one owner, as the owners may agree.

(4)If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the [1925 c. 19] Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.

(5)The county court has jurisdiction to hear and determine proceedings under subsection (1) or (2), and has jurisdiction under section 63 of the [1925 c. 19.] Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).

(6)In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of premises, the court shall have regard to all the circumstances of the case, including—

(a)their respective interests in the premises, and

(b)their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

273Demolition orders: cleansing before demolition.

(1)If it appears to the local housing authority that premises to which a demolition order applies require to be cleansed from vermin, they may, at any time between the date on which the order is made and the date on which it becomes operative, serve notice in writing on the owner or owners of the premises that they intend to cleanse the premises before they are demolished.

(2)Where the authority have served such a notice—

(a)they may, at any time after the order has become operative and the premises have been vacated, enter and carry out such work as they may think requisite for the purpose of destroying or removing vermin, and

(b)the demolition shall not be begun or continued by an owner after service of the notice on him, except as mentioned in subsection (3), until the authority have served on him a further notice authorising him to proceed with the demolition.

(3)An owner on whom a notice has been served under subsection (1) may, at any time after the premises have been vacated, serve notice in writing on the authority requiring them to carry out the work within 14 days from the receipt of the notice served by him, and at the end of that period shall be at liberty to proceed with the demolition whether the work has been completed or not.

(4)Where the local housing authority serve a notice under subsection (1), they shall not take action under section 271 (under which they are to demolish the house if the owners do not) until the expiration of six weeks from the date on which the owner or owners become entitled by virtue of subsection (2) or (3) to proceed with the demolition.

274Demolition orders: power to permit reconstruction of condemned house.

(1)Where a demolition order has become operative—

(a)the owner of the house, or

(b)any other person who in the opinion of the local housing authority is or will be in a position to put his proposals into effect,

may submit proposals to the authority for the execution by him of works designed to secure the reconstruction, enlargement or improvement of the house, or of buildings including the house.

(2)If the authority are satisfied that the result of the works will be the provision of one or more houses fit for human habitation, they may, in order that the person submitting the proposals may have an opportunity of carrying out the works, extend for such period as they may specify the time within which the owner of the house is required under section 271 to demolish it.

(3)That time may be further extended by the authority, once or more often as the case may require, if—

(a)the works have begun and appear to the authority to be making satisfactory progress, or

(b)though they have not begun, the authority think there has been no unreasonable delay.

(4)Where the authority determine to extend, or further extend, the time within which the owner of a house is required under section 271 to demolish it, notice of the determination shall be served by the authority on every person having an interest in the house, whether as freeholder, mortgagee or otherwise.

(5)If the works are completed to the satisfaction of the authority they shall revoke the demolition order (but without prejudice to any subsequent proceedings under this Part).

275Demolition orders: substitution of closing order to permit use otherwise than for human habitation.

(1)If an owner of a house in respect of which a demolition order has become operative, or any other person who has an interest in the house, submits proposals to the local housing authority for the use of the house for a purpose other than human habitation, the authority may if they think fit to do so determine the demolition order and make a closing order as respects the house.

(2)The authority shall serve notice that the demolition order has been determined, and a copy of the closing order, on—

(a)the person having control of the house, and

(b)any other person who is an owner of the house, and

(c)every mortgagee of the house whom it is reasonably practicable to ascertain.

Closing orders

276Closing orders: recovery of possession of house.

Nothing in the Rent Acts prevents possession being obtained by the owner of premises in respect of which a closing order is in force.

277Closing orders: enforcement.

If a person, knowing that a closing order has become operative and applies to premises, uses the premises in contravention of the order, or permits them to be so used, he commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £20 for every day or part of a day on which he so uses them or permits them to be so used after conviction.

278Closing orders: determination of order on premises being rendered fit.

(1)The local housing authority shall determine a closing order on being satisfied that the premises have been rendered fit for human habitation, and if so satisfied as respects part of the premises they shall determine the order so far as it relates to that part.

(2)A person aggrieved by a refusal by the local housing authority to determine a closing order, either wholly or as respects part of the premises to which it relates, may, within 21 days after the refusal, appeal to the county court.

(3)No appeal lies at the instance of a person who is in occupation of the premises, or a relevant part of the premises, under a lease or agreement of which the unexpired term is three years or less.

279Closing orders: substitution of demolition order.

(1)Where a local housing authority have made a closing order, they may, subject to subsection (2), at any time revoke it and make a demolition order.

(2)The power conferred by subsection (1) is not exercisable in relation to a closing order made under or by virtue of—

• section 266 (parts of buildings and underground rooms),

• section 304(1) (listed buildings), or

• section 304(2) (building subject to demolition order becoming listed),

or where the closing order has been determined under section 278 as respects part of the premises to which it relates.

(3)The provisions of this Part relating to demolition orders, including the provisions relating to service of copies of the order and appeals, apply to an order under this section as they apply to a demolition order under section 265.

Closing of underground rooms

280Meaning of “underground room”.

In this Part “underground room” means a room the surface of the floor of which is more than three feet below—

(a)the surface of the part of the street adjoining or nearest to the room, or

(b)the surface of any ground within nine feet of the room.

281Regulations as to ventilation, lighting, etc. of underground rooms.

(1)A local housing authority may, with the consent of the Secretary of State, make regulations for securing the proper ventilation and lighting of underground rooms and the protection of such rooms against dampness, effluvia or exhalation.

(2)If a local housing authority, after being required to do so by the Secretary of State, fail to make regulations under subsection (1), or to make such regulation as he approves, the Secretary of State may himself by statutory instrument make regulations which shall have effect as if made by the authority under that subsection.

282Closing of underground room deemed to be unfit for human habitation.

(1)An underground room shall be deemed for the purposes of section 266 (closing orders) to be unfit for human habitation if—

(a)the average height of the room from floor to ceiling is not at least seven feet, or

(b)the room does not comply with regulations made by the local housing authority under section 281.

(2)Nothing in this section affects the taking of action in respect of premises consisting of or including an underground room on the ground that they are unfit for human habitation in accordance with section 604 (fitness for human habitation: general provisions).

Demolition of obstructive buildings

283Buildings liable to be demolished as “obstructive buildings”.

(1)In this Part “obstructive building” means a building which, by virtue only of its contact with or proximity to other buildings, is dangerous or injurious to health.

(2)A building is not liable to be demolished as an obstructive building under the following provisions of this Part if it is—

(a)the property of statutory undertakers (unless the building is used for the purposes of a dwelling, showroom or office), or

(b)the property of a local authority.

(3)In subsection (2) “statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, water or other public undertaking.

284Obstructive building order.

(1)The local housing authority may serve upon every owner of a building which appears to them to be an obstructive building, notice of a time (not being less than 21 days after the service of the notice) and place at which the question of ordering the building to be demolished will be considered by the authority.

(2)Every owner of the building is entitled to be heard when the matter is so taken into consideration.

(3)If, after so taking the matter into consideration, the authority are satisfied that the building is an obstructive building and that the building, or a part of it, ought to be demolished, they shall make an obstructive building order, that is to say, an order requiring—

(a)that the building, or part of it, be demolished, and

(b)that the building, or such part of it as is required to be vacated for the purposes of the demolition, be vacated within two months from the date on which the order becomes operative.

(4)The authority shall serve a copy of the order on every owner of the building.

(5)The order becomes operative, if no appeal is brought against it, on the expiration of 21 days from the date of the service of the order and is final and conclusive as to matters which could have been raised on such an appeal.

285Right of appeal against obstructive building order.

(1)A person aggrieved by an obstructive building order may, within 21 days after the date of the service of the order, appeal to the county court.

(2)No appeal lies at the instance of a person who is in occupation of the building to which the order relates under a lease or agreement of which the unexpired term is three years or less.

(3)On an appeal the court may make such order either confirming, quashing or varying the order as it thinks fit.

(4)If an appeal is brought, the order does not become operative until—

(a)a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b)if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.

286Obstructive building order: recovery of possession of building to be demolished.

(1)Where an obstructive building order has become operative, the local housing authority shall serve on the occupier of the building, or part of a building, to which the order relates a notice—

(a)stating the effect of the order,

(b)specifying the date by which the order requires the building to be vacated, and

(c)requiring him to quit the building before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2)If at any time after the date on which the notice requires the building to be vacated a person is in occupation of the building, or part of it, the local housing authority or an owner of the building may apply to the county court which shall order vacant possession of the building, or of the part of it, to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.

(3)Nothing in the Rent Acts affects the provisions of this section relating to the obtaining of possession of a building.

(4)A person who, knowing that an obstructive building order has become operative and applies to a building—

(a)enters into occupation of the building, or of a part of it, after the date by which the order requires the building to be vacated, or

(b)permits another person to enter into such occupation after that date,

commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding £5 a day for every day or part of a day on which the occupation continues after conviction.

287Execution of obstructive building order.

(1)If before the end of the period within which a building in respect of which an obstructive building order is made is required by the order to be vacated—

(a)an owner whose estate or interest in the building and its site is such that its acquisition by the local housing authority would enable the authority to carry out the demolition provided for by the order, or

(b)owners whose combined estates or interests in the building and its site are such that their acquisition by the authority would enable the authority to carry out the demolition provided by the order,

make to the authority an offer for the sale of that interest, or of those interests, at a price to be assessed as if it were compensation for a compulsory purchase under section 290 (acquisition of land for clearance), the authority shall accept the offer and shall, as soon as possible after obtaining possession, carry out the demolition.

(2)If no such offer is made before the end of the period within which the building is required by the order to be vacated, the owner or owners shall carry out the demolition provided for by the order before the expiration of six weeks from—

(a)the last day of that period, or

(b)if the building, or such part of it as is required to be vacated, is not vacated until after that day, the day on which it is vacated,

or, in either case, such longer period as in the circumstances the local housing authority deem reasonable.

(3)If the demolition is not so carried out, the local housing authority shall enter and carry out the demolition and sell the materials rendered available by the demolition.

288Obstructive buildings: expenses of local housing authority, &c.

(1)Expenses incurred by the local housing authority under section 287(3) (execution of obstructive building order) after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the building.

(2)If there is more than one owner—

(a)the expenses may be recovered by the authority from the owners in such shares as the court may determine to be just and equitable, and

(b)an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3)A surplus in the hands of the authority shall be paid by them to the owner of the building or, if there is more than one owner, as the owners may agree.

(4)If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the [1925 c. 19.] Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.

(5)The county court has jurisdiction to hear and determine proceedings under subsection (1) or (2), and has jurisdiction under section 63 of the Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).

(6)In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of a building, the court shall have regard to all the circumstances of the case, including—

(a)their respective interests in the building, and

(b)their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

Clearance areas

289Declaration of clearance area.

(1)A clearance area is an area which is to be cleared of all buildings in accordance with the following provisions of this Part.

(2)The local housing authority shall declare an area to be a clearance area if they are satisfied—

(a)that the houses in the area are unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets, dangerous or injurious to the health of the inhabitants of the area, and

(b)that the other buildings, if any, in the area are for a like reason dangerous or injurious to the health of the inhabitants of the area,

and that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area.

(3)If the authority are so satisfied they shall—

(a)cause the area to be defined on a map in such manner as to exclude from any area any building which is not unfit for human habitation or dangerous or injurious to health, and

(b)pass a resolution declaring the area so defined to be a clearance area.

(4)Before passing such a resolution the authority shall satisfy themselves—