Housing Act 1985

Effect of repurchase on occupierE+W

553 Effect of repurchase on certain existing tenancies.E+W

(1)Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase) and—

(a)the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

(b)the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house,

the tenancy shall not, on or after the acquisition, become a secure tenancy unless the conditions specified in subsection (2) are met.

(2)The conditions are—

(a)that the tenancy was a protected tenancy [F1or an assured tenancy] throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition; and

(b)no notice was given in respect of the tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the M1Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the M2Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy) [F2or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) F3. . .; and].

[F4(c)the tenancy is not by virtue of any provision of Part I of the Housing Act 1988 an assured shorthold tenancy;]

554 Grant of tenancy to former owner-occupier.E+W

(1)Where an authority acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase), or in the circumstances described in section 549(3) (exercise of right of pre-emption &c.), and—

(a)the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

(b)an individual is an occupier of the dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and

(c)he is a person entitled to assistance by way of repurchase in respect of the defective dwelling, or the persons so entitled are in relation to the interest concerned his trustees,

the authority shall, in accordance with this section, either grant or arrange for him to be granted a tenancy (of that dwelling-house or another: see section 556) on the completion of their acquisition of the interest concerned.

(2)If the authority are among those mentioned in section 80(1) (public sector authorities capable of granting secure tenancies) their obligation is to grant a secure tenancy.

[F5(2A)If the authority is a [F6registered social landlord], other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy if the individual to whom a tenancy is to be granted—

(a)is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant of it; or

(b)is the spouse or former spouse or widow or widower of a person falling within paragraph (a); or

(c)is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death.]

(3)In any other case their obligation is to grant or arrange for the grant of either—

(a)a secure tenancy, or

(b)a protected tenancy other than one under which the landlord might recover possession under one of the cases in Part II of Schedule 15 to the M3Rent Act 1977 (cases in which the court must order possession) [F7or

(c)an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act.]

(4)Where two or more persons qualify for the grant of a tenancy under this section in respect of the same dwelling-house, the authority shall grant the tenancy, or arrange for it to be granted, to such one or more of them as they may agree among themselves or (if there is no such agreement) to all of them.

555 Grant of tenancy to former statutory tenant.E+W

(1)Where an authority mentioned in section 80(1) (public sector authorities capable of granting secure tenancies) acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase) and—

(a)the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

(b)an individual is an occupier of a dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and

(c)he is a statutory tenant of the dwelling-house at the end of that period, and

(d)no notice was given in respect of the original tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the M4Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy), and

(e)the interest of the person entitled to assistance would, if the statutory tenancy were a contractual tenancy, be subject to the tenancy at the end of the period mentioned in paragraph (b),

the authority shall grant him a secure tenancy (of that dwelling-house or another: see section 556) on the completion of their acquisition of the interest concerned.

(2)Where two or more persons qualify for the grant of a tenancy under this section in respect of the same dwelling-house, the authority shall grant the tenancy to such one or more of them as they may agree among themselves or (if there is no such agreement) to all of them.

(3)If at any time after the service of a notice of determination it appears to the purchasing authority that a person may be entitled to request them to grant him a secure tenancy under this section, they shall forthwith give him notice in writing of that fact.

556 Alternative accommodation under s. 554 or 555,E+W

(1)The dwelling-house to be let under the tenancy granted to a person—

(a)under section 554 or 555 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house acquired by authority), or

(b)under arrangements made for the purposes of section 554,

shall be the dwelling-house of which he is the occupier immediately before the completion of the authority’s acquisition (the “current dwelling-house”), except in the following Cases.

Case 1

By reason of the condition of any building of which the current dwelling-house consists or of which it forms part, the dwelling-house may not safely be occupied for residential purposes.

Case 2

(2)In those Cases the dwelling-house to be let shall be another dwelling-house which, so far as is reasonably practicable in the case of that authority, affords accommodation which is—

(a)similar as regards extent and character to the accommodation afforded by the current dwelling-house,

(b)reasonably suitable to the means of the prospective tenant and his family, and

(c)reasonably suitable to the needs of the prospective tenant and his family as regards proximity to place of work and place of education.

557 Request for tenancy under s. 554 or 555.E+W

(1)An authority are not required to grant, or arrange for the grant of, a tenancy to a person under section 554 or 555 unless he requests them to do so in writing before—

(a)in the case of an acquisition under Schedule 20 (repurchase,), the service on the person entitled to assistance of a copy of the agreement drawn up under paragraph 5 of that Schedule, or

(b)in the case of an acquisition in the circumstances described in section 549(3) (acquisition in pursuance of right of pre-emption, &c.), the time of the disposal.

(2)An authority receiving a request under subsection (1) shall, as soon as reasonably practicable, give notice in writing to the person making the request stating whether in their opinion either of the Cases in section 556(1) applies (cases in which tenancy may be of a dwelling-house other than the current dwelling-house).

(3)If their opinion is that either Case does apply, the notice shall also state which of the Cases is applicable and the effect of section 556.

558 Interpretation of ss. 553 to 557.E+W

(1)In sections 553 to 557 (effect of repurchase on occupier)—

(a)“dwelling-house” has the same meaning as in Part IV (secure tenancies);

(b)“occupier”, in relation to a dwelling-house, means a person who occupies the dwelling-house as his only or principal home or (in the case of a statutory tenant) as his residence;

(c)references to the grant of a secure tenancy are to the grant of a tenancy which would be a secure tenancy assuming that the tenant under the tenancy occupies the dwelling-house as his only or principal home