Housing Associations Act 1985

Miscellaneous

69Power to vary or terminate certain agreements with housing associations

(1)This section applies to agreements of the following descriptions—

(a)an agreement for a loan to a housing association by the Housing Corporation under section 2 of the [1964 c. 56.] Housing Act 1964;

(b)an agreement which continues in force under Part I of Schedule 4 (arrangements with local authority for the provision or improvement of housing);

(c)an agreement to which Part II of Schedule 4 applies (subsidy agreements with local authorities);

(d)an agreement which continues in force under Part III of Schedule 4 (special arrangements with the Secretary of State);

(e)an agreement for a loan or grant to a housing association under section 58(2) or 59(2) (financial assistance by local authorities);

(f)a scheme which continues in force under Part V of Schedule 5 (schemes for unification of grant conditions).

(2)On the application of a party to an agreement to which this section applies, the Secretary of State may, if he thinks fit, direct—

(a)that the agreement shall have effect with such variations, determined by him or agreed by the parties, as may be specified in the direction, or

(b)that the agreement shall be terminated.

(3)No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term—

(a)limiting the aggregate amount of rents payable in respect of dwellings to which the agreement relates or contributions towards the cost of maintaining such dwellings, or

(b)specifying a limit which the rent of a dwelling is not to exceed.

This subsection does not extend to Scotland.

(4)No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term relating to the rent payable in respect of a house to which the agreement relates or contributions towards the cost of maintaining such a house. This subsection extends to Scotland only.

70Continuation of arrangements under repealed enactments

The provisions of Schedule 4 have effect in relation to certain arrangements affecting housing associations which continue in force despite the repeal of the enactments under or by reference to which they were made, as follows—

• Part I—Arrangements with local authorities for the provision or improvement of housing.

• Part II—Subsidy agreements with local authorities.

• Part III—Special arrangements with the Secretary of State in Scotland.

71Superseded contributions, subsidies and grants

The provisions of Schedule 5 have effect with respect to superseded subsidies, contributions and grants, as follows—

• Part I—Residual subsidies: England and Wales.

• Part II—Residual subsidies: Scotland.

• Part III—Contributions and grants under arrangements with local authorities.

• Part IV—Contributions under arrangements with the Secretary of State in Scotland.

• Part V—Schemes for the unification of grant conditions.

• Part VI—New building subsidy and improvement subsidy.

• Part VII—Payments in respect of hostels under pre-1974 enactments.