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Housing Act 1985

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Changes and effects yet to be applied to Part II Crossheading Supplementary-provisions:

  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

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Supplementary provisionsE+W

54 Powers of entry.E+W

(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 [F1and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

[F2(3)A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).]

55 Penalty for obstruction.E+W

(1)It is a summary offence [F3intentionally] 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 [F4level 3] on the standard scale.

56 Minor definitions.E+W

[F5(1)]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;

  • [F6“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;]

  • 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.

  • [F7“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.]

[F8(1A)In this Part, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)

(a)contract-holder” (see section 7 (see also section 48) of that Act);

(b)dwelling” (see section 246 of that Act);

(c)introductory standard contract” (see section 16 of that Act);

(d)occupation contract” (see section 7 of that Act);

(e)secure contract” (see section 8 of that Act);

(f)standard contract” (see section 8 of that Act);

(g)supported standard contract” (see section 143 of that Act).]

[F9(2)For the purposes of this Part, something is within the remit of the Regulator of Social Housing if it is related to or affects the provision of social housing by a local housing authority, or county council, in England.]

57 Index of defined expressions: Part II.E+W

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):—

banksection 622
building societysection 622
compulsory disposalsection 40
F10. . .F10. . .
[F11contract-holder section 56]
development corporationsection 4(c)
district (of a local housing authority)section 2(1)
[F11dwelling section 56]
exempted disposalsection 39
family (member of)sections 56 and 186
friendly societysection 622
hostelsection 622
housesection 56
housing accommodationsection 56
housing associationsection 5(1)
Housing Revenue Accountsection 417
insurance companysection 622
[F11introductory standard contract section 56]
[F12introductory tenancy][F12section 56]
leasesection 621
local authoritysection 4(e)
local housing authoritysections 1, 2(2)
local housing authority’s housessection 20
lodging-housessection 56
[F13new towns residuary bodysection 4(1)(g)]
[F11occupation contract section 56]
ownersection 56
payee and payer (in relation to a service charge)[F14section 621A]
qualified accountant (for the purposes of section 48(3))section 51
[F15registered social landlord][F15section 5(4) and (5).]
relevant costs (in relation to a service charge)[F14section 621A] (2), (3)
relevant disposalsection 38 (and see section 452(3))
[F11secure contract section 56]
secure tenancysection 79
service charge[F14section 621A] (1)
shared ownership leasesection 622
[F11standard contract section 56]
standard scale (in reference to the maximum fine on summary conviction)section 622
streetsection 622
[F11supported standard contract section 56]
tenancy and tenantsection 621
trustee savings banksection 622
urban development corporationsection 4(d)

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