Housing Act 1985
PART I INTRODUCTORY PROVISIONS
Local housing authorities
1 Local housing authorities.
2 The district of a local housing authority
3 Buildings situated in more than one district.
Other authorities and bodies
4Other descriptions of authority.
5 Housing associations.
6 Housing trusts.
6A The Corporation
Supplementary provisions
7 Index of defined expressions: Part I.
PART II PROVISION OF HOUSING ACCOMMODATION
Main powers and duties of local housing authorities
8 Periodical review of housing needs.
9 Provisions of housing accommodation.
10 Provision of furnishings and fittings.
11 Provision of board and laundry facilities.
11A Provision of welfare services.
12 Provision of shops, recreation grounds, etc.
13 Provision of streets, roads and open spaces and development generally.
14 Exercise of powers by authority outside district.
Powers of authorities in London
15 Additional powers of authorities in London.
16 Exercise of powers outside Greater London.
Acquisition of land, etc.
17 Acquisition of land for housing purposes.
18 Duties with respect to buildings acquired for housing purposes.
19 Appropriation of land.
Housing management
20 Application of housing management provisions.
21 General powers of management.
22 Allocation of housing.
23 Byelaws.
24 Rents.
25 Increase of rent where tenancy not secure.
26 Financial assistance towards tenants’ removal expenses.
Management agreements
27 Management agreements.
27A Consultation required before management agreement can be approved.
27AA Management agreements and compulsory competitive tendering.
27AB Management agreements with tenant management organisations.
27B Agreements with housing co-operatives under superseded provisions.
Consultation with respect to housing management
27BA Consultation with respect to management.
Proposals for co-operative management or ownership
27C Proposals for co-operative management or ownership.
Powers of county councils
28 Reserve powers to provide housing accommodation.
29 Provision of accommodation for employees of county councils.
Miscellaneous powers of other authorities and bodies
30 Application of provisions to development corporations, etc.
31 Power of bodies corporate to sell or let land for housing purposes.
Disposal of land held for housing purposes
32 Power to dispose of land held for purposes of this Part.
33 Covenants and conditions which may be imposed.
34 Consents under ss. 32 and 33.
34ARequirements to co-operate in relation to certain disposals
35 Repayment of discount on early disposal.
35AIncrease in value of house attributable to home improvements
36 Liability to repay is a charge on the premises.
36ARight of first refusal for local authority
36BConsideration payable for disposal under section 36A
37 Restriction on disposal of dwelling-houses in National Parks, etc.
38 Relevant disposals.
39 Exempted disposals.
39ATreatment of deferred resale agreements for purposes of section 35
40 Meaning of “compulsory disposal”.
41 Exempted disposals which end liability under covenants.
42 Treatment of options.
43 Consent required for certain disposals not within s. 32.
44 Avoidance of certain disposals of houses without consent.
Restriction on service charges
45 Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Limitation of service charges.
48 Information as to relevant costs.
49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 Offences.
51 Meaning of “qualified accountant”.
Miscellaneous
52 Compliance with minimum standards in erection of houses.
53 Prefabs deemed to be houses provided under this Part.
Supplementary provisions
54 Powers of entry.
55 Penalty for obstruction.
56 Minor definitions.
57 Index of defined expressions: Part II.
PART III HOUSING THE HOMELESS
Main definitions
58 Homelessness and threatened homelessness.
59 Priority need for accommodation.
60 Becoming homeless intentionally.
61 Local connection.
Duties of local housing authorities with respect to homelessness and threatened homelessness
62 Inquiry into cases of possible homelessness or threatened homelessness.
63 Interim duty to accommodate in case of apparent priority need.
64 Notification of decision and reasons.
65 Duties to persons found to be homeless.
66 Duties to persons found to be threatened with homelessness.
67 Referral of application to another local housing authority.
68 Duties to persons whose applications are referred.
69 Provisions supplementary to ss. 63, 65 and 68.
70 Protection of property of homeless persons and persons threatened with homelessness.
Administrative provisions
71 Guidance to authorities by the Secretary of State.
72Co-operation between authorities.
Assistance for voluntary organisations
73 Financial and other assistance for voluntary organisations concerned with homelessness.
Supplementary provisions
74 False statements, withholding information and failure to disclose change of circumstances.
75 Meaning of accommodation available for occupation.
76 Application of this Part to cases arising in Scotland.
77 Minor definitions.
78 Index of defined expressions: Part III.
PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS
Security of tenure
79 Secure tenancies.
80 The landlord condition.
81 The tenant condition.
81ZAGrant of secure tenancies in cases of domestic abuse
82 Security of tenure.
82ADemotion because of anti-social behaviour
83 Proceedings for possession or termination: general notice requirements.
83ZANotice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
83A Additional requirements in relation to certain proceedings for possession.
84 Grounds and orders for possession.
84AAbsolute ground for possession for anti-social behaviour
85 Extended discretion of court in certain proceedings for possession.
85ZA Review of decision to seek possession on absolute ground for anti-social behaviour
85AProceedings for possession on non-absolute grounds : anti-social behaviour
86 Periodic tenancy arising on termination of fixed term.
Succession on death of tenant
86APersons qualified to succeed tenant: England
87 Persons qualified to succeed tenant: Wales.
88 Cases where the tenant is a successor.
89 Succession to periodic tenancy.
90 Devolution of term certain.
Assignment, lodgers and subletting
91 Assignment in general prohibited.
92 Assignments by way of exchange.
93 Lodgers and subletting.
94 Consent to subletting.
95 Assignment or subletting where tenant condition not satisfied.
Repairs and improvements
96 Right to have repairs carried out.
97 Tenant’s improvements require consent.
98 Provisions as to consents required by s. 97.
99 Conditional consent to improvements.
99A Right to compensation for improvements.
99B Persons qualifying for compensation.
100 Power to reimburse cost of tenant’s improvements.
101 Rent not to be increased on account of tenant’s improvements.
Variation of terms of tenancy
102 Variation of terms of secure tenancy.
103 Notice of variation of periodic tenancy.
Provision of information and consultation
104 Provision of information about tenancies.
105 Consultation on matters of housing management.
106 Information about housing allocation.
106A Consultation before disposal to private sector landlord.
Flexible tenancies
107AFlexible tenancies
107BReview of decisions relating to flexible tenancies
107CTermination of flexible tenancy by tenant
107DRecovery of possession on expiry of flexible tenancy
107EReview of decision to seek possession
Miscellaneous
107 SECURE TENANCIES AND RIGHTS OF SECURE TENANTS
108 Heating charges
109 Provisions not applying to tenancies of co-operative housing associations.
Supplementary provisions
109A Acquisition of dwelling-house subject to statutory tenancy.
110 Jurisdiction of county court.
111 County court rules and directions.
111A Introductory tenancies
112 Meaning of “dwelling-house”.
113 Members of a person’s family.
114 Meaning of “landlord authority”.
115 Meaning of “long tenancy”.
115A Meaning of “introductory tenancy”.
116 Minor definitions.
117 Index of defined expressions: Part IV
PART V THE RIGHT TO BUY
The right to buy
118 The right to buy.
119 Qualifying period for right to buy.
120 Exceptions to the right to buy
121 Circumstances in which the right to buy cannot be exercised.
121ZARestriction on exercising the right to buy in Wales
121ZBExceptions to restriction on exercising the right to buy in Wales
121AOrder suspending right to buy because of anti-social behaviour
121AA Information to help tenants decide whether to exercise right to buy etc.
121BProvision of information
Claim to exercise right to buy
122 Tenant’s notice claiming to exercise right to buy.
122A Applications to suspend the right to buy etc in parts of Wales: effect on claims to exercise the right
122BSuspension of the right to buy in parts of Wales
123 Claim to share right to buy with members of family.
124 Landlord’s notice admitting or denying right to buy.
125 Landlord’s notice of purchase price and other matters.
125A Estimates and information about service charges.
125B Estimates and information about improvement contributions.
125C Reference period for purposes of ss. 125A and 125B.
125D Tenant’s notice of intention.
125E Landlord’s notice in default.
Purchase price
126 Purchase price.
127 Value of dwelling-house.
128 Determination of value by district valuer.
128ADetermination of value: review notices
128BReview of determination of value
129 Discount.
130 Reduction of discount where previous discount given.
131 Limits on amount of discount
The right to a mortgage
132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Change of tenant or landlord after service of notice claiming right to buy
136 Change of secure tenant after notice claiming right to buy.
137 Change of landlord after notice claiming right to buy or right to a mortgage.
Completion of purchase in pursuance of right to buy
138- Duty of landlord to convey freehold or grant lease.
138AEffect of initial demolition notice served before completion
138BEffect of final demolition notice served before completion
138CCompensation where demolition notice served
139 Terms and effect of conveyance or grant and mortgage.
140 Landlord’s first notice to complete.
141 Landlord’s second notice to complete.
142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142ATermination of the right to acquire on rent to mortgage terms
Right to acquire on rent to mortgage terms
143 Right to acquire on rent to mortgage terms.
143A Right excluded by entitlement to housing benefit.
143B Right excluded if minimum initial payment exceeds maximum initial payment.
144 Tenant’s notice claiming right.
145 Tenant’s initial share.
146 Landlord’s notice admitting or denying right.
146A Tenant’s notice of intention.
146B Landlord’s notice in default.
147 Notice of landlord’s share and initial discount.
148 Determination of landlord’s share, initial discount etc.
149 Change of landlord after notice claiming right.
150 Duty of landlord to convey freehold or grant lease.
151 Terms and effect of conveyance or grant: general.
151A Redemption of landlord’s share.
151B Mortgage for securing redemption of landlord’s share.
152 Landlord’s first notice to complete.
153 Landlord’s second notice to complete.
Tenant’s sanction for landlord’s delays
153A Tenant’s notices of delay.
153B Payments of rent attributable to purchase price etc.
Registration of title
154 Registration of title.
Provisions affecting future disposals
155 Repayment of discount on early disposal.
155AAmount of discount which may be demanded by landlord: right to buy
155BAmount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms
155CIncrease attributable to home improvements
156 Liability to repay is a charge on the premises.
156A Right of first refusal for landlord etc.
157 Restriction on disposal of dwelling-houses in National Parks, etc.
158 Consideration for disposal under section 156A
159 Relevant disposals.
160 Exempted disposals.
161 Meaning of “compulsory disposal”.
162 Exempted disposals which end liability under covenants.
163 Treatment of options.
163ATreatment of deferred resale agreements for purposes of section 155
Powers of Secretary of State
164 Secretary of State’s general power to intervene.
165 Vesting orders for purposes of s. 164.
166 Other provisions supplementary to s. 164.
167 Power to give directions as to covenants and conditions.
168 Effect of direction under s. 167 on existing covenants and conditions.
169 Power to obtain information, etc.
170 Power to give assistance in connection with legal proceedings.
Power to extend right to buy, etc.
171 Power to extend right to buy, etc.
Preservation of right to buy on disposal to private sector landlord
171A Cases in which right to buy is preserved.
171BExtent of preserved right: qualifying persons and dwelling-houses.
171C Modifications of this Part in relation to preserved right.
171D Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.
171E Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
171F Subsequent dealings: transfer of qualifying person to alternative accommodation.
171G Land registration and related matters.
171H Disposal after notice claiming to exercise right to buy, etc.
Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part
172 Exclusion of leases where landlord is housing association and freeholder is a charity.
173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
174 Leases granted under this Part to be treated as long leases at a low rent.
175 Determination of price payable.
Supplementary provisions
176 Notices.
177 Errors and omissions in notices.
178 Costs.
179 Provisions restricting right to buy, etc. of no effect.
180 Statutory declarations.
181Jurisdiction of county court.
182 Power to repeal or amend local Acts.
183 Meaning of “house”, “flat” and “dwelling-house”.
184 Land let with or used for purposes of dwelling-house.
185 Meaning of “secure tenancy” and “secure tenant”.
186 Members of a person’s family.
187 Minor definitions.
188 Index of defined expressions: Part V
PART VI REPAIR NOTICES
Repair Notices
189 Repair notice in respect of unfit dwelling-house.
190 Repair notice in respect of dwelling-houseor house in multiple occupation in state of disrepair but not unfit.
190A Effect on section 189 of proposal to include premises in group repair scheme.
191 Appeals against repair notices.
191A Execution of works by local housing authority by agreement
192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
193 Power of local housing authority to execute works.
194 Notice of authority’s intention to execute works.
195 Power of court to order occupier or owner to permit things to be done.
196 Power of court to authorise owner to execute works on default of another owner.
197 Powers of entry.
198 Penalty for obstruction.
198A Penalty for failure to execute works.
Provisions for protection of owner and others
199—201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
202 Owner not in receipt of rents, &c. to receive notice of proceedings.
203 Saving for rights arising from breach of covenant, &c.
204 Effect of approved proposals for re-development.
Supplementary provisions
205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
207 Minor definitions.
208 Index of defined expressions: Part VI.
PART VII
209—238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VIII AREA IMPROVEMENT
Housing action areas
239 Declaration of housing action area.
240 Steps to be taken after declaration of housing action area.
241 Functions of Secretary of State with respect to declaration of housing action area.
242 Incorporation into housing action area of land comprised in general improvement area.
243 General powers of local housing authority.
244 Environmental works.
245 Contributions by Secretary of State.
246 Duty to publish information.
247 Changes of ownership or occupation of land to be notified to local housing authority.
248 Form and contents of notification under s. 247.
249 Penalty for failure to notify, &c.
250 Exclusion of land from, or termination of, housing action area.
251 Extension of duration of housing action area.
252 Meaning of “housing accommodation” and related expressions.
General improvement areas
253 Declaration of general improvement area.
254 Steps to be taken after declaration.
255 General powers of local housing authority.
256 Power to apply for orders extinguishing right to use vehicles on highway.
257 Duty to publish information.
258 Exclusion of land from, or termination of, general improvement area.
259 Contributions by Secretary of State.
Supplementary provisions
259A Effect of resolutions relating to housing action area or general improvement area.
259B Effect of certain resolutions passed before commencement of s. 259A.
260 Powers of entry.
261 Penalty for obstruction.
262 Minor definitions.
263 Index of defined expressions: Part VIII
PART IX SLUM CLEARANCE
Demolition or closing of unfit premises beyond repair at reasonable cost
264 Power to make closing order.
265 Demolition orders
266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
267 Content of demolition . . . .
268 Service of copies of demolition order.
269 Right of appeal against order.
269AAppeals suggesting certain other courses of action
Demolition orders
270 Demolition orders: recovery of possession of building to be demolished.
271 Demolition orders: execution of order.
272 Demolition orders: expenses of local housing authority, &c.
273 Demolition orders: cleansing before demolition.
274 Demolition orders: power to permit reconstruction of condemned house.
274AEffect of certain enforcement action under the Housing Act 2004
275 Demolition orders: substitution of prohibition order to permit use otherwise than for human habitation
Closing orders
276 Closing orders: recovery of possession of house.
277 Closing orders: enforcement.
278 Closing orders: determination of order on premises being rendered fit.
279 Closing orders: substitution of demolition order.
280—282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demolition of obstructive buildings
283 Buildings liable to be demolished as “obstructive buildings”.
284 Obstructive building order.
285 Right of appeal against obstructive building order.
286 Obstructive building order: recovery of possession of building to be demolished.
287 Execution of obstructive building order.
288 Obstructive buildings: expenses of local housing authority, &c.
Clearance areas
289 Declaration of clearance area.
290 Acquisition of land for clearance.
291 Method of dealing with land acquired for clearance.
292 Power to discontinue proceedings if acquisition of land proves unnecessary.
293 Property belonging to the local housing authority.
294 Extinguishment of public rights of way over land acquired.
295 Extinguishment of other rights over land acquired.
296 Apparatus of statutory undertakers.
297 Procedure for removal or alteration of apparatus under s. 296.
298Electronic communications apparatus
299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use of condemned houses for temporary housing accommodation
300 Purchase of houses liable to be demolished or to be subject to a prohibition order.
301 Retention of houses acquired for clearance.
302 Management and repair of houses acquired under s. 300 or retained under s. 301
Listed buildings
303 Meaning of “listed building”.
304 Demolition order not to be made in respect of listed building .
305 Building becoming listed when subject to compulsory purchase for clearance.
306 Building becoming listed when acquired by agreement for clearance.
Provisions for protection or assistance of owners
307 Saving for rights arising from breach of covenant, &c.
308 Approval of owner’s proposals for redevelopment.
309 Recovery of possession of premises for purposes of approved re-development.
310 Certificate of fitness resulting from owner’s improvements or alterations.
311 Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area.
312—314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
315 Power of court to order occupier or owner to permit things to be done.
316 Power of court to authorise owner to demolish premises on default of another owner.
317 Power of court to determine lease where premises demolished . . . .
318 Power of tribunal to authorise execution of works on unfit premises or for improvement.
Supplementary provisions
319 Powers of entry.
320 Penalty for obstruction.
321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
322 Minor definitions.
323 Index of defined expressions: Part IX.
PART X OVERCROWDING
Definition of overcrowding
324 Definition of overcrowding.
325 The room standard.
326 The space standard.
Responsibility of occupier
327 Penalty for occupier causing or permitting overcrowding.
328 Exception:children attaining age of 1 or 10.
329 Exception; visiting member of family.
330 Licence of local housing authority.
Responsibilities of landlord
331 Penalty for landlord causing or permitting overcrowding.
332 Information to be contained in rent book.
333 Duty to inform local housing authority of overcrowding.
Powers and duties of local housing authority
334 Duty to inspect, report and prepare proposals.
335 Power to require information about persons sleeping in dwelling.
336 Power to require production of rent book.
337 Power of entry to determine permitted number of persons.
338 Notice to abate overcrowding.
Supplementary provisions
339 Enforcement of this Part.
340 Powers of entry.
341 Penalty for obstruction.
342 Meaning of “suitable alternative accommodation”.
343 Minor definitions.
344 Index of defined expressions:Part X
PART XI HOUSES IN MULTIPLE OCCUPATION
Introductory
345 Meaning of “multiple occupation”.
Registration schemes
346 Registration schemes.
346A Contents of registration scheme.
346B Model schemes and confirmation of schemes.
347 Control provisions.
348 Control provisions: decisions on applications and appeals.
348A Control provisions: other decisions and appeals.
348B Special control provisions.
348C Special control provisions: general provisions as to decisions and appeals.
348D Special control provisions: occupancy directions.
348E Special control provisions: decisions and appeals relating to occupancy directions.
348F Special control provisions: “relevant management failure”.
348G Offences in connection with registration schemes.
349 Steps required to inform public about schemes.
350 Power to require information for purposes of scheme.
351 Proof of scheme and contents of register.
Fitness for the number of occupants
352 Power to require execution of works to render premises fit for number of occupants.
352A Recovery of expenses of notice under s.352.
353 Appeal against notice under s. 352.
354 Power to limit number of occupants of house.
355 Effect of direction under s. 354.
356 Power to require information about occupation of house.
357 Revocation or variation of direction under s. 354.
Overcrowding
358 Service of overcrowding notice.
359 Contents of overcrowding notice.
360 Requirement as to overcrowding generally.
361 Requirement as to new residents.
362 Appeal against overcrowding notice.
363 Revocation and variation of notice.
364 Power to require information where notice in force.
365 Means of escape from fire; general provisions as to exercise powers.
366, 367 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
368 Means of escape from fire: power to secure that part of house not used for human habitation.
Standards of management
369The management code.
370, 371 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
372 Power to require execution of works to remedy neglect of management.
373 Appeal against notice under s. 372.
374 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provisions as to works notices
375 Carrying out of works by local housing authority.
376 Penalty for failure to execute works.
377 Powers of court to facilitate execution of works, &c.
377A Works notices: improvement of enforcement procedures.
378 Provisions for protection of owners.
379 Making of control order.
380 Modification of control order where proprietor resides in part of house.
381 General effect of control order.
382 Effect of control order on persons occupying house.
383 Effect of control order in relation to furniture in case of furnished letting.
384 Appeal against control order.
385 General duties of local housing authority when control order is in force.
386 Duty to prepare management scheme.
387 Right of entry for inspection and carrying out of works.
388 Power to supply furniture and fittings.
389 Compensation payable to dispossessed proprietor.
390 Facilities to be afforded to dispossessed proprietor and others.
391 Power of court to modify or determine lease.
392 Expiry or revocation of control order.
393 Appeal against refusal to revoke control order.
394 Cessation of control order.
General supplementary provisions
395 Powers of entry.
395A Codes of practice.
396 Penalty for obstruction.
397 Warrant to authorise entry.
398 Meaning of “lessee”, “owner”, “person, having control” and similar expressions.
399 Minor definitions.
400 Index of defined expressions: Part XI.
Part XII
Introductory
401 Meaning of “common lodging house”.
Regulation of common lodging houses
402 No person to keep a common lodging house unless registered.
403 Register of common lodging house keepers and their houses.
404 Provisions with respect to registration.
405 Appeals against refusal of registration.
406 Byelaws as to common lodging houses.
407 Management and control of common lodging houses.
408 Offences.
409 Power of court on conviction to cancel registration and to disqualify for re-registration
Enforcement
410 Duty of local housing authority to enforce this Part.
411 Powers of entry.
412 Penalty for obstruction.
413 Restriction on right to prosecute.
Supplementary provisions
414 Evidence in legal proceedings.
415 Power to apply provisions to Crown property
416 Index of defined expressions: Part XII.
PART XIII GENERAL FINANCIAL PROVISIONS
417—420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing subsidy
421Housing subsidy.
422Calculation of housing subsidy for local housing authorities.
423The base amount.
424The housing costs differential.
425The local contribution differential.
426 Calculation of housing subsidy for Board.
427Recoupment of subsidy in certain cases.
427A Entitlement to subsidy in case of land subject to management agreement.
Borrowing powers
428 Continuance of certain powers to borrow for housing purposes.
Miscellaneous
429 The improvement for sale scheme.
429A Housing management: financial assistance etc.
430— . . .
431 Control of expenditure by housing authorities on works of conversion or improvement.
432 Superseded contributions, subsidies, grants, and other financial matters.
Supplementary
433 Minor definitions.
434 Index of defined expressions: Part XIII.
PART XIV LOANS FOR ACQUISITION OR IMPROVEMENT OF HOUSING
Local authority mortgages
435 Power of local authorities to advance money.
436 Terms of advance.
437 Power of local authority on disposal to leave amount outstanding on mortgage.
438Local authority mortgage interest rates.
439 Requirements as to fitness of premises, &c.
440 Deposits in respect of maintenance or repair of mortgaged premises.
441 Waiver or reduction of payments in case of property requiring repair or improvement.
Local authority assistance in connection with mortgages
442Agreement by local authority to indemnify mortgagee.
443 Local authority contributions to mortgage costs.
444 Relevant advances for the purposes of section 443.
Assistance for first-time buyers
445Advances to recognised lending institutions to assist first-time buyers.
446Forms of assistance and qualifying conditions.
447 Recognised lending institutions.
448Recognised savings institutions.
449Terms of advances and administration.
450 Modifications of building society law.
Loans in respect of service charges
450A Right to a loan in certain cases after exercise of right to buy.
450B Power to make loans in other cases.
450C Supplementary provisions as to regulations under s. 450A or 450B.
Other financial assistance in respect of service charges
450DPurchase of equitable interests
Miscellaneous
451 Local loans made by the Treasury.
452 Vesting of house in authority entitled to exercise power of sale.
453 Further advances in case of disposal on shared ownership lease.
454 Exclusion of Restrictive Trade Practices Act: recommendations as to implementation of this Part.
455 Exclusion of Restrictive Trade Practices Act: agreements as to loans on security of new houses.
456 Advances under the Small Dwellings Acquisition Acts.
Supplementary provisions
457 Meaning of “house” and “house property”.
458 Minor definitions.
459 Index of defined expressions: Part XIV.
PART XV GRANTS FOR WORKS OF IMPROVEMENT, REPAIR AND CONVERSION
460—520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
521, 522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
523 Assistance for provision of separate service pipe for water supply.
524 Contributions under superseded enactments.
General supplementary provisions
525 Minor definitions.
526 Index of defined expressions: Part XV
PART XVI ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING
Eligibility for assistance
527 Eligibility for assistance.
528 Designation of defective dwellings by Secretary of State.
529 Variation or revocation of designation.
530 Meaning of “relevant interest”.
531 Conditions of eligibility: disposal by public sector authority, &c.
532 Construction of references to disposal, &c.
533 Exceptions to eligibility.
Determination of entitlement
534 Application for assistance.
535 Application not to be entertained where grant application pending or approved.
536 Determination of eligibility.
537 Determination of form of assistance to which applicant is entitled.
538 Conditions for assistance by way of reinstatement grant.
539 Meaning of “work required for reinstatment” and “associated arrangement”.
540 Notice of determination.
Assistance by way of reinstatement grant
541 Reinstatement grant.
542 Conditions of payment of reinstatement grant.
543 Amount of reinstatement grant.
544 Changes in work or expenditure.
545 Payment of reinstatement grant.
546 Repayment of grant for breach of condition.
Assistance by way of repurchase
547 Repurchase.
548 Repurchase by authority other than local housing authority.
549 Interest subject to right of pre-emption &c.
550 Compulsory purchase compensation to be made up to 95 per cent of defect-free value.
551 Supplementary provisions as to payments under s. 549 or 550.
552 Reimbursement of expenses incidental to repurchase.
Effect of repurchase on occupier
553 Effect of repurchase on certain existing tenancies (England)
553AEffect of repurchase on certain existing tenancies (Wales)
554 Grant of tenancy to former owner-occupier.
555 Grant of tenancy to former statutory tenant.
556 Alternative accommodation under s. 554 or 555,
557 Request for tenancy under s. 554 or 555.
558 Interpretation of ss. 553 to 557.
Local schemes
559 Designation of defective dwellings under local schemes.
560 Variation or revocation of designation under local scheme.
561 Secretary of State’s control over designation, variation or revocation.
Miscellaneous
562 Duty of local housing authority to publicise availability of assistance.
563 Duties of public sector authority disposing of defective dwelling.
564 Reinstatement of defective dwelling by local housing authority.
565 Death of person eligible for assistance, &c.
566 Dwellings included in more than one designation.
567 Modifications of this Part in relation to shared ownership leases.
568 Extension of assistance to mortgagees.
Contributions by Secretary of State
569Contributions by Secretary of State.
570 Power to vary relevant percentage.
Supplementary provisions
571 Service of notices.
572 Jurisdiction of county court.
573 Meaning of “public sector authority”.
574 Disposal of certain Crown interests in land treated as disposal by public sector authority.
575 Meaning of “dwelling” and “house”.
576 Meaning of “lending institution”.
577 Index of defined expressions: Part XVI.
PART XVII COMPULSORY PURCHASE AND LAND COMPENSATION
Introductory
578 General enactments relating to compulsory purchase, &c., apply subject to this Part.
578A Modification of compulsory purchase order in case of acquisition of land for clearance.
579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compulsory purchase
580—581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
582Restriction on recovery of possession after making of compulsory purchase order.
583 Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.
584 Power to enter and determine short tenancies of land acquired or appropriated.
584A Compensation payable in case of prohibition and demolition orders.
584B Repayment on revocation of demolition or prohibition order.
585—592. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other land Compensation Matters
593—595. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
596 Power to compensate shop-keepers in areas affected by clearance.
597 Compensation payable on demolition of obstructive building.
598. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
599 Application of compensation due to another local authority.
Supplementary provisions
600 Powers of entry.
601 Penalty for obstruction.
602 Minor definitions.
603 Index of defined expressions: Part XVII.
PART XVIII MISCELLANEOUS AND GENERAL PROVISIONS
General provisions relating to housing conditions
604 Fitness for human habitation.
604A Authority to consider guidance given by Secretary of State in deciding whether to take action under Section 189, Section 264, Section 265 or Section 289.
605 Consideration by local housing authority of housing conditions in their district.
606 Reports on particular houses or areas.
Environmental considerations
607 Local housing authority to have regard to environmental considerations.
608 Acquisition of ancient monuments, &c.
Enforceability of covenants, &c.
609 Enforcement of covenants against owner for the time being.
610 Power of court to authorise conversion of premises into flats.
Miscellaneous powers of local housing authorities
611 Removal or alteration of apparatus of statutory undertakers.
General provisions
612 Exclusion of Rent Act protection.
613 Liability of directors, &c. in case of offence by body corporate.
614 Power to prescribe forms &c.
615 Dispensation with advertisements and notices.
616 Local inquiries.
617 Service of notices.
618The Common Council of the City of London.
619 The Inner and Middle Temples.
620 The Isles of Scilly.
621 Meaning of “lease” and “tenancy” and related expressions.
621A Meaning of “service charge” and related expressions.
622 Minor definitions: general.
623 Minor definitions: Part XVIII
624 Index of defined expressions: Part XVIII.
Final provisions
625 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Tenancies which are not Secure Tenancies
Long leases
1A tenancy is not a secure tenancy if it is...
Introductory tenancies
1AA tenancy is not a secure tenancy if it is...
1BA tenancy is not a secure tenancy if it is...
Premises occupied in connection with employment
2(1) Subject to sub-paragraph (4B)a tenancy is not a secure...
Land acquired for development
3(1) A tenancy is not a secure tenancy if the...
Accommodation for homeless persons
4A tenancy granted in pursuance of any function under Part...
Family intervention tenancies
4ZA(1) A tenancy is not a secure tenancy if it...
Accommodation for asylum-seekers
4A(1) A tenancy is not a secure tenancy if it...
...
4B. . . . . . . . . ....
Temporary accommodation for persons taking up employment
5(1) Subject to sub-paragraphs (1A) and (1B), a tenancy is...
Short-term arrangements
6A tenancy is not a secure tenancy if—
Temporary accommodation during works
7A tenancy is not a secure tenancy if—
Agricultural holdings etc.
8(1) A tenancy is not a secure tenancy if—
Licensed premises
9A tenancy is not a secure tenancy if the dwelling-house...
Student lettings
10(1) Subject to sub-paragraphs (2A) and (2B), a tenancy of...
1954 Act tenancies
11A tenancy is not a secure tenancy if it is...
Almshouses
12A licence to occupy a dwelling-house is not a secure...
SCHEDULE 2 Grounds for Possession of Dwelling-Houses Let underSecure Tenancies
Part I Grounds on which Court may Order Possession if it Considers it Reasonable
Ground 1
Ground 2
Ground 2ZA
Ground 2A
Ground 3
Ground 4
Ground 5
Ground 6
Ground 7
Ground 8
Part II Grounds on which the Court may Order Possession if Suitable Alternative Accommodation is Available
Ground 9
Ground 10
Ground 10A
Ground 11
Part III Grounds on which the Court may Order Possession if it Considers it Reasonable and Suitable Alternative Accommodation is Available
Ground 12
The dwelling-house forms part of, or is within the curtilage...
Ground 13
The dwelling-house has features which are substantially different from those...
Ground 14
The landlord is a housing association or housing trust which...
Ground 15
The dwelling-house is one of a group of dwelling-houses which...
Ground 15A
The dwelling-house is in England, the accommodation afforded by it...
Ground 16
The dwelling-house is in Wales, the accommodation afforded by it...
Part IV Suitability of Accommodation
1For the purposes of section 84(2)(b) and (c) (case in...
2In determining whether the accommodation is reasonably suitable to the...
3Where possession of a dwelling-house is sought on ground 9...
4(1) A certificate of the appropriate local housing authority that...
Part V Approval of Redevelopment Schemes for Purposes of Ground 10A
1(1) The Secretary of State may, on the application of...
2(1) Where a landlord proposes to apply to the Secretary...
3(1) In considering whether to give his approval to a...
4The Secretary of State shall not approve a scheme or...
5(1) Approval may be given subject to conditions and may...
6Where the landlord is a private registered provider of social...
7In this Part of this Schedule references to the landlord...
SCHEDULE 2AAbsolute ground for possession for anti-social behaviour: serious offences
Violent offences
1Murder.
2Manslaughter.
3Kidnapping.
4False imprisonment.
5An offence under any of the following sections of the...
6An offence under any of the following sections of the...
7An offence under section 1 of the Infant Life (Preservation)...
8An offence under section 1 of the Children and Young...
9An offence under section 1 of the Infanticide Act 1938...
10An offence under any of the following sections of the...
11An offence under either of the following sections of the...
12An offence under any of the following provisions of the...
13An offence under either of the following sections of the...
14An offence under section 5 of the Domestic Violence, Crime...
14AAn offence under section 75A of the Serious Crime Act...
Sexual offences
15An offence under section 33A of the Sexual Offences Act...
16An offence under section 1 of the Protection of Children...
17An offence under section 160 of the Criminal Justice Act...
18An indictable offence under Part 1 of the Sexual Offences...
Offensive weapons
19An offence under either of the following sections of the...
20An offence under any of the following provisions of the...
21An offence under either of the following sections of the...
Offences against property
22An offence under any of the following sections of the...
23An offence under section 1 of the Criminal Damage Act...
24An offence under section 30 of the Crime and Disorder...
Road traffic offences
25An offence under section 35 of the Offences against the...
26An offence under section 12A of the Theft Act 1968...
27An offence under any of the following sections of the...
Drug-related offences
28An offence under any of the following provisions of the...
29An offence under section 6 of that Act (restrictions of...
Modern slavery
29AAn offence under either of the following sections of the...
Inchoate offences
30(1) An offence of attempting or conspiring the commission of...
Scope of offences
31Where this Schedule refers to offences which are offences under...
SCHEDULE 3 Grounds for Withholding Consent to Assignment by Way of Exchange
Ground 1
The tenant or the proposed assignee is subject to an...
Ground 2
Proceedings have been begun for possession of the dwelling-house of...
Ground 2ZA
Proceedings have been begun for possession of the dwelling-house, of...
Ground 2A
Either— a relevant order , a suspended anti-social behaviour possession...
Ground 2B
The dwelling-house is subject to a closure notice or closure...
Ground 3
The accommodation afforded by the dwelling-house is substantially more extensive...
Ground 4
The extent of the accommodation afforded by the dwelling-house is...
Ground 5
The dwelling-house— (a) forms part of or is within the...
Ground 6
The landlord is a charity and the proposed assignee’s occupation...
Ground 7
The dwelling-house has features which are substantially different from those...
Ground 8
The landlord is a housing association or housing trust which...
Ground 9
The dwelling-house is one of a group of dwelling-houses which...
Ground 10
The dwelling-house is the subject of a management agreement under...
SCHEDULE 3A Consultation before Disposal to Private Sector Landlord
Disposals to which this Schedule applies
1(1) This Schedule applies to the disposal by a local...
Application for Secretary of State’s consent
2(1) The Secretary of State shall not entertain an application...
Requirements as to consultation
3(1) The requirements as to consultation referred to above are...
Power to require further consultation
4The Secretary of State may require the authority to carry...
Consent to be withheld if majority of tenants are opposed
5(1) The Secretary of State shall not give his consent...
Guidance
5A(1) The appropriate person must give guidance to local authorities...
Protection of purchasers
6The Secretary of State’s consent to a disposal is not...
SCHEDULE 4 Qualifying Period for Right to Buy and Discount
Introductory
1The period to be taken into account—
Periods occupying accommodation subject to public sector tenancy
2A period qualifies under this paragraph if it is a...
3For the purposes of paragraph 2 a person who, as...
4(1) This paragraph applies where the public sector tenant of...
Periods occupying forces accommodation
5A period qualifies under this paragraph if it is a...
Periods during which right to buy is preserved
5AA period qualifies under this paragraph if it is a...
Meaning of “public sector tenant”
6(1) In this Schedule a “public sector tenant” means a...
The landlord condition
7(1) The landlord condition is, subject to paragraphs 7A and...
7A(1) The landlord condition shall be treated as having been...
7BThe landlord condition shall be treated as having been satisfied...
8(1) The landlord condition shall also be treated as having...
The tenant condition
9The tenant condition is that the tenant was an individual...
9AThe tenant condition is not met during any period when...
Application to certain housing association tenancies
10For the purpose of determining whether at any time a...
SCHEDULE 5 Exceptions to the Right to Buy
Charities
1The right to buy does not arise if the landlord...
Certain housing associations
2The right to buy does not arise if the landlord...
3The right to buy does not arise if the landlord...
Landlord with insufficient interest in the property
4The right to buy does not arise unless the landlord...
Dwelling-houses let in connection with employment
5(1) The right to buy does not arise if the...
Certain dwelling-houses for the disabled
6 Exceptions to the Right to Buy
7The right to buy does not arise if the dwelling-house...
8 Exceptions to the Right to Buy
9(1) The right to buy does not arise if—
Certain dwelling-houses for persons of pensionable age
10(1) The right to buy does not arise if the...
11(1) The right to buy does not arise if the...
Dwelling-houses held on Crown tenancies
12(1) The right to buy does not arise if the...
Dwelling-house due to be demolished within 24 months
13(1) The right to buy does not arise if a...
14(1) A final demolition notice may only be served for...
15(1) The Secretary of State may, on an application by...
15A(1) This paragraph applies if— (a) a final demolition notice...
16(1) Any notice under paragraph 13 , 15 or 15A...
SCHEDULE 5AInitial demolition notices
Initial demolition notices
1(1) For the purposes of this Schedule an “ initial...
Period of validity of initial demolition notice
2(1) For the purposes of this Schedule an initial demolition...
Revocation or termination of initial demolition notices
3(1) Paragraph 15(4) to (7A) of Schedule 5 (revocation notices)...
Transfer of initial demolition notices
3A(1) This paragraph applies if— (a) an initial demolition notice...
Restriction on serving further demolition notices
4(1) This paragraph applies where an initial demolition notice (“...
Service of notices
5Paragraph 16 of Schedule 5 (service of notices) applies in...
Interpretation
6(1) In this Schedule (other than paragraph 3A) any reference...
SCHEDULE 6 Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy
Part I Common Provisions
Rights to be conveyed or granted—general
1The conveyance or grant shall not exclude or restrict the...
Rights of support, passage of water, etc.
2(1) The conveyance or grant shall, by virtue of this...
Rights of way
3The conveyance or grant shall include— (a) such provisions (if...
Covenants and conditions
4Ahe conveyance or grant shall be expressed to be made...
4The conveyance or grant shall include such provisions (if any)...
5Subject to paragraph 6, and to Parts II and III...
No charge to be made for landlord’s consent or approval
6A provision of the conveyance or lease is void in...
Meaning of “incumbrances” and “tenant’s incumbrance”
7In this Schedule— “incumbrances” includes personal liabilities attaching in respect...
Part II Conveyance of Freehold
General
8The conveyance shall not exclude or restrict the all estate...
9(1) The conveyance shall be of an estate in fee...
Covenants
10 Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy
Part III Leases
General
11A lease shall be for the appropriate term defined in...
The appropriate term
12(1) If at the time the grant is made the...
Common use of premises and facilities
13Where the dwelling house is a flat and the tenant...
Covenants by the landlord
14(1) This paragraph applies where the dwelling-house is a flat....
15(1) This paragraph applies where the landlord’s interest in the...
Covenant by tenant
16Unless otherwise agreed between the landlord and the tenant, there...
Service charges and other contributions payable by the tenant
16A(1) The lease may require the tenant to bear a...
16B(1) Where a lease of a flat requires the tenant...
16C(1) Where a lease of a flat requires the tenant...
16D(1) The Secretary of State may by order prescribe—
16E(1) Where a lease of a flat granted in pursuance...
Avoidance of certain provisions
17(1) A provision of the lease, or of an agreement...
18Where the dwelling-house is a flat, a provision of the...
19A provision of the lease, or of an agreement collateral...
Part IV Charges
Grant of lease
20A charge (however created or arising) on the interest of...
Conveyance of freehold
21(1) This paragraph applies to a charge (however created or...
Schedule 6A REDEMPTION OF LANDLORD’S SHARE
Obligation to redeem landlord’s share in certain circumstances
1(1) The conveyance or grant shall contain a covenant binding...
Right to redeem landlord’s share at any time
2(1) The conveyance or grant shall include provision entitling the...
Value of landlord’s share and amount of final payment
3The value of the landlord’s share shall be determined by...
Final discount
4(1) Where a final payment is made by, or by...
Restrictions on and deductions from final discount
5(1) Except where the Secretary of State so determines, a...
Right to make interim payment at any time
6(1) The conveyance or grant shall include provision entitling the...
Landlord’s reduced share and interim discount
7The landlord’s share after the making of an interim payment...
Value of dwelling-house
8(1) For the purposes of the final payment or any...
Costs of independent valuation
9The conveyance or grant shall include provision requiring any sums...
No charges to be made by landlord
10A provision of the conveyance or grant is void in...
Other covenants and provisions
11Subject to the provisions of this Schedule, the conveyance or...
Interpretation
12(1) In this Schedule— “ independent valuer ” means an...
SCHEDULE 7. . .
1The deed shall provide for repayment of the amount secured...
2(1) The period over which repayment is to be made...
3(1) The Secretary of State may by order—
4The deed may contain such other provisions as may be—...
SCHEDULE 8. . .
Additional shares
1(1) The lease shall state the tenant’s initial share of...
2(1) Where the dwelling-house is a house and the landlord...
Additional contributions
3(1) The consideration for an additional share (referred to in...
Rent
4(1) The lease shall provide that, for any period for...
5The lease shall provide that, for any period for which...
Payment for outstanding share on disposal
6(1) The lease shall contain a covenant binding on the...
7The lease shall provide that, on the discharge of a...
8(1) Where the dwelling-house is a house and the landlord...
No disposals of part while share outstanding
9(1) The lease shall contain a covenant binding on the...
Applications of provisions after disposal
10(1) The lease shall provide that in the event of...
Value of dwelling-house or part
11(1) For the purposes of paragraph 3 (additional contributions) and...
SCHEDULE 9. . .
Right to further advances
1(1) The deed shall enable the tenant to require further...
Amount of further advance
2The amount which a tenant exercising the right to a...
3(1) The limit is that the aggregate of that amount...
4(1) The Secretary of State may by regulations make provision...
Notice of amount and terms of further advance
5As soon as practicable after the service on it of...
Terms of deed by which further mortgage is effected
6Schedule 7 (terms of mortgage granted in pursuance of right...
Schedule 9A Land Registration and Related Matters where Right to Buy Preserved
Statement to be contained in instrument effecting qualifying disposal
1On a qualifying disposal, the disponor shall secure that the...
Registration of title on qualifying disposal
2 Land Registration and Related Matters where Right to Buy Preserved
3 Land Registration and Related Matters where Right to Buy Preserved
Entries on register protecting preserved right to buy
4(1) This paragraph applies where the Chief Land Registrar approves...
Change of qualifying dwelling-house
5(1) This paragraph applies where by virtue of section 171B(6)...
Effect of non-registration
6(1) The rights of a qualifying person under this Part...
Statement required on certain disposals on which right to buy ceases to be preserved
7(1) A conveyance of the freehold or grant of a...
Removal of entries on land register
8Where the registered title to land contains an entry made...
Liability to compensate or indemnify
9(1) An action for breach of statutory duty lies where—...
Meaning of disposal and instrument effecting disposal
10References in this Schedule to a disposal or to the...
SCHEDULE 10
Introductory
1The provisions of this Schedule have effect for enabling the...
Recovery of expenses
2(1) The expenses are recoverable by the authority
Service of demand
3(1) A demand for the expenses, together with interest in...
Interest
4Expenses in respect of which a demand is served carry...
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals
6(1) A person aggrieved by a demand for the recovery...
Expenses and interest recoverable from occupiers
6A(1) Where a demand becomes operative by virtue of paragraph...
Expenses and interest to be a charge on the premises
7(1) The expenses recoverable by the authority, together with the...
Recovery of expenses and interest from other persons profiting from execution of works
8(1) This paragraph applies only to notices under section 352,...
SCHEDULE 11 . . .
SCHEDULE 12 . . .
SCHEDULE 13
Part I Management Schemes
Contents of management scheme
1(1) The scheme shall give particulars of all works which,...
The estimate in the scheme of surpluses on revenue account
2(1) References in this Schedule to the surpluses on revenue...
Appeal against scheme
3(1) A person having an estate or interest in a...
Expenditure on works to be set against surpluses on revenue account
4(1) An account shall be kept by the local housing...
Variation or review of surpluses on revenue accountas settled by the scheme
5The local housing authority may at any time vary a...
6(1) The local housing authority, or a person having an...
Part II Compensation Payable to Dispossessed Proprietor
Rate of compensation
7The compensation payable by the local housing authority to the...
Ascertainment of gross value of house
8Subject to the following provisions, the gross value of a...
9(1) If the house forms part only of a hereditament,...
10If the house consists or forms part of more than...
11(1) The gross value of a hereditament whose rateable value...
12Where after the date on which the control order comes...
The appropriate multiplier
13(1) The appropriate multiplier for the purposes of this Part...
Calculation of rental value
13A(1) The rental value of a house is an amount...
Apportionment of compensation between proprietors of different parts of house
14(1) If different persons are the dispossessed proprietors of different...
Part III Cessation of Control Order
General consequences of cessation of control order
15(1) On and after the date on which a control...
16(1) When a control order ceases to have effect, a...
Revocation of order by county court on appealagainst making of order
17(1) The provisions of this paragraph apply where a control...
18(1) If a control order is revoked by the county...
19(1) The provisions of this paragraph have effect for the...
Revocation of control order on further appeal
20(1) If on an appeal from a decision of the...
Revocation of control order by county court on appeal against refusal to revoke
21(1) The provisions of this paragraph apply where a control...
Part IV Control Order Followed by Compulsory Purchase Order
Introductory
22The provisions of this Part of this Schedule apply where...
Preparation and service of management scheme
23(1) The local housing authority need not prepare or serve...
Control order ceases to have effect on acquisition of house
24Where the compulsory purchase order is confirmed by the Secretary...
Balances payable to dispossessed proprietor
25(1) Where a control order ceases to have effect by...
Recovery of capital expenditure incurred by local housing authority
26(1) The provisions of this paragraph have effect for the...
SCHEDULE 14 . . .
SCHEDULE 15 Superseded Contributions, Grants, Subsidies, &c.
Part I Loans Under the Housing (Rural Workers) Acts 1926 to 1942
The Housing (Rural Workers) Acts 1926 to 1942, and any...
Part IIANNUAL GRANTS FOR AGRICULTURAL HOUSING
(s. 46 of the Housing (Financial Provisions) Act 1958)
Annual grants by local housing authorities
1(1) Annual grants shall, notwithstanding the abolition of exchequer contributions...
Conditions of payment of annual grant
2(1) It is a condition of the payment of a...
3(1) In the case of a house completed on or...
Grants payable to owners by local housing authority
4A grant shall not be made or shall be reduced,...
No further payments if house vests in local housing authority
5Where a house which has been provided under arrangements under...
Commutation of future annual grant
6(1) A local authority may make an offer in writing...
Part III Contributions for Improvement of Dwellings by Housing Authorities
(s. 9 of the Housing (Financial Provisions) Act 1958; s. 13 of the House Purchase and Housing Act 1959)
1(1) Subject to sub-paragraph (2), contributions by the Secretary of...
(ss. 17 to 20 of the Housing Act 1969)
2(1) Contributions by the Secretary of State to a housing...
(s. 79 of the Housing Act 1974)
3(1) Subject to sub-paragraph (2), contributions by the Secretary of...
Part IV Town Development Subsidy
(s. 9 of the Housing Finance Act 1972; s. 5 of the Housing Rents and Subsidies Act 1975)
Transitional town development subsidy
1(1) Transitional town development subsidy is payable each year, subject...
2(1) The subsidy is payable by the Secretary of State...
Reduction or discontinuance of subsidy
3(1) The Secretary of State may reduce or discontinue a...
Payments to receiving authority
4(1) Where transitional town development subsidy is payable, the sending...
Communication of subsidy and payments to receiving authority
5(1) The Secretary of State may, with the agreement of...
Meaning of “receiving authority”
6In this part of this Schedule “receiving authority” means the...
SCHEDULE 16 Local Authority Mortgage Interest Rates
The rate of interest
1(1) The rate of interest shall be whichever is for...
The standard national rate
2The standard national rate is the rate for the time...
The local average rate
3A local authority shall for every period of six months...
4(1) The rate declared under paragraph 3(a) or (b) shall...
Variation of rate of interest
5(1) Where on a change of the standard national rate...
6(1) On a variation of the rate of interest, the...
Directions by Secretary of State
7(1) The Secretary of State may by notice in writing...
SCHEDULE 17 Vesting of Mortgaged House in Authority Entitled to Exercise Power of Sale
Vesting of house with leave of court
1(1) The authority may, if the county court gives it...
Effect of vesting
2(1) On the vesting of the house the authority’s mortgage...
Compensation and accounting
3(1) Where the authority has vested the house in itself...
Modifications in case of conveyance or grant before 8th August 1980
4In a case to which this Schedule applies by virtue...
SCHEDULE 18 Provisions with Respect to Advances under the Small Dwellings Acquisition Acts 1899 to 1923
Repayment of advance
1(1) The advance shall be repaid with interest within such...
The statutory conditions
2(1) The house of which the ownership was acquired by...
Condition as to residence may be dispensed with or suspended
3(1) The statutory condition as to residence may at any...
Personal liability and powers of the proprietor
4(1) The proprietor of the house of which the ownership...
Circumstances in which local authority may take possession or order sale
5(1) Where default is made in complying with the statutory...
Recovery of possession and disposal of house
6(1) Where a local authority take possession of a house,...
Procedure as to ordering sale
7(1) Where a local authority order the sale of a...
List of advances and accounts to be kept
8(1) A local authority shall keep at their offices a...
Meaning of “residence”, “ownership” and “proprietor”
9(1) A person shall not be treated for the purposes...
Date of advance
10For the purposes of this Schedule an advance shall be...
SCHEDULE 19 Contributions Under Superseded Enactments
(Section 36 of the Housing (Financial Provisions) Act 1958)
1(1) Contributions remain payable by the Secretary of State under...
(Section 16 of the Housing Act 1969)
2(1) Contributions remain payable by the Secretary of State under...
SCHEDULE 20 Assistance by Way of Repurchase
Part I The Agreement to Repurchase
The interest to be acquired
1In this Schedule “the interest to be acquired” means the...
Request for notice of proposed terms of acquisition
2(1) A person who is entitled to assistance by way...
Authority’s notice of proposed terms
3The purchasing authority shall, within the period of three months...
Settlement of terms
4Subject to the provisions of Part II of this Schedule...
Service of draft agreement
5The authority shall, within three months of all the provisions...
Notice to enter into agreement
6(1) The person entitled to assistance may, at any time...
Part II Price Payable and Valuation
The price
7(1) The price payable for the acquisition of an interest...
The value
8(1) For the purposes of this Schedule, the value of...
Determination of value
9(1) Any question arising under this Schedule as to the...
Service of amended draft agreement
10Where the value of an interest is determined, or redetermined,...
Part III Supplementary Provisions
Introductory
11(1) In this Part of this Schedule “the agreement” means...
Conveyance frees interest acquired from relevant charges
12(1) The conveyance is effective— (a) to discharge the interest...
Application of purchase price in satisfaction of relevant charges
13(1) The authority shall apply the purchase price in the...
14If the authority do not apply an amount which under...
Power to make payment into court in case of difficulty
15(1) Where a person is or may be entitled by...
Duty to pay into court in certain cases
16(1) The authority shall pay the purchase price into court...
Registration of title
17 Assistance by Way of Repurchase
Interest acquired by local housing authority treated as acquiredunder Part II
18If the authority are a local housing authority, the interest...
Certain grant conditions cease to have effect
19(1) Where the interest acquired is or includes a dwelling...
Overreaching effect of conveyance
20The conveyance has effect under section 2(1) of the Law...
SCHEDULE 21 Dwellings Included in More Than One Designation
Introductory
1This Schedule applies in relation to a defective dwelling where...
Cases in which later designation to be disregarded
2Where a person is already eligible for assistance in respect...
In other cases any applicable designation may be relied on
3Where a person is eligible for assistance in respect of...
Procedure to be followed where later designation comes into operation
4The following provisions of this Schedule apply where—
5(1) The local housing authority shall, as soon as reasonably...
6(1) This paragraph applies where it appears to the authority...
7(1) This paragraph applies where a person entitled to assistance...
SCHEDULES 22—24. . . .
TABLE OF DERIVATIONS
1The following abbreviations are used in this Table— Acts of...
2The Table does not show the effect of Transfer of...
3The letter R followed by a number indicates that the...
4A reference followed by “passim” indicates that the provision of...
5The entry “drafting” indicates a provision of a mechanical or...

Housing Act 1985

1985 c. 68

X1C1C2C3C4C5C6C7C8C9C10An Act to consolidate the Housing Acts (except those provisions consolidated in the Housing Associations Act 1985 and the Landlord and Tenant Act 1985), and certain related provisions, with amendments to give effect to recommendations of the Law Commission.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Editorial Information
X1

A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

Modifications etc. (not altering text)
C1

Act amended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 2(3)

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

Act amended (24.9.1996) by 1996 c. 52, ss. 221(a), 232(2)

C2

By Housing Act 1986 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 106 it is provided that for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”

C5

Act applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 157(2)

Act applied (1.4.1996 with application in relation only to energy conservation authorities whose areas are in England and 1.4.1997 for those in Wales) by 1995 c. 10, s. 1(2)(a); S.I. 1995/3340, arts. 2(1), 3; S.I. 1996/3181, arts. 2, 3

Act applied (1.10.1996) by 1996 c. 52, s. 217(3)(a); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

C6

Act: definition of "local authority" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), ss. 14(1)(a), 23(1), Sch. 5 para.1 (with s. 37(4), Sch. 7); S.I. 1991/2508, art. 2

C7

Act restricted (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 6(1)(a) (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

C8

Act to be construed with 1996 c. 52 Pt. VII (20.1.1997) by 1996 c. 52, s. 216(1); S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 1)

C9

Act: certain functions of a Minister of the Crown transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1(as amended (28.3.2003) by S.I. 2003/940, art. 3)