Housing Act 1988

• (4) A licence or tenancy which is entered into on or after the commencement of this Act cannot be a relevant licence or relevant tenancy for the purposes of the Rent (Agriculture) Act 1976 (in this subsection referred to as “the 1976 Act”) unless—

• (a) it is entered into in pursuance of a contract made before the commencement of this Act; or

• (b) it is granted to a person (alone or jointly with others) who, immediately before the licence or tenancy was granted, was a protected occupier or statutory tenant, within the meaning of the 1976 Act, and is so granted by the person who at that time was the landlord or licensor (or one of the joint landlords or licensors) under the protected occupancy or statutory tenancy in question.

• (5) Except as provided in subsection (4) above, expressions used in this section have the same meaning as in the Rent Act 1977.

Removal of special regimes for tenancies of housing associations etc

35

• (1) In this section “housing association tenancy” has the same meaning as in Part VI of the Rent Act 1977.

• (2) A tenancy which is entered into on or after the commencement of this Act cannot be a housing association tenancy unless—

• (a) it is entered into in pursuance of a contract made before the commencement of this Act; or

• (b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a tenant under a housing association tenancy and is so granted by the person who at that time was the landlord under that housing association tenancy; or

• (c) it is granted to a person (alone or jointly with others) in the following circumstances—

• (i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and

• (ii) the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

• (iii) in the proceedings for possession the court directed that the tenancy would be a housing association tenancy; or

• (d) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981

• (3) Where, on or after the commencement of this Act, a private registered provider of social housing or a registered social lanlord, within the meaning of the Housing Act 1985 (see section 5(4) and (5) of the Act), grants a secure tenancy or a secure contract pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act) then, in determining whether that tenancy is a housing association tenancy, it shall be assumed for the purposes only of section 86(2)(b) of the Rent Act 1977 (tenancy would be a protected tenancy but for section 15 or 16 of that Act) that the tenancy was granted before the commencement of this Act.

• (4) Subject to section 38(4A) below a tenancy or licence which is entered into on or after the commencement of this Act cannot be a secure tenancy unless—

• (a) the interest of the landlord belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or a housing action trust established under Part III of this Act; or

• (aa) the interest of the landlord belongs to a Mayoral development corporation; or

• (b) the interest of the landlord belongs to a housing co-operative within the meaning of section 27B of the Housing Act 1985 (agreements between local housing authorities and housing co-operatives) and the tenancy or licence is of a dwelling-house comprised in a housing co-operative agreement falling within that section; or

• (ba) the interest of the landlord belongs to the Homes and Communities Agency, the Greater London Authority or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or

• (c) it is entered into in pursuance of a contract made before the commencement of this Act; or

• (d) it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant and is so granted by the body which at that time was the landlord or licensor under the secure tenancy; or

• (e) it is granted to a person (alone or jointly with others) in the following circumstances—

• (i) prior to the grant of the tenancy or licence, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and

• (ii) the tenancy or licence is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

• (iii) in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy or licence would be a secure tenancy; or

• (f) it is granted pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act).

• (5) If, on or after the commencement of this Act, the interest of the landlord under a protected or statutory tenancy becomes held by a housing association, a housing trust or the Regulator of Social Housingor, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State, nothing in the preceding provisions of this section shall prevent the tenancy from being a housing association tenancy or a secure tenancy and, accordingly, in such a case section 80 of the Housing Act 1985 (and any enactment which refers to that section) shall have effect without regard to the repeal of provisions of that section effected by this Act.

• (6) In subsection (5) above “housing association” and “housing trust” have the same meaning as in the Housing Act 1985.

New restricted contracts limited to transitional cases

36

• (1) A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent Act 1977 unless it is entered into in pursuance of a contract made before the commencement of this Act.

• (2) If the terms of a restricted contract are varied after this Act comes into force then, subject to subsection (3) below,—

• (a) if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and

• (b) if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract.

• (3) Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to—

• (a) a reduction or increase effected under section 78 of the Rent Act 1977 (power of appropriate tribunal); or

• (b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 79 of the Rent Act 1977.

• (4) In subsection (1) of section 81A of the Rent Act 1977 (cancellation of registration of rent relating to a restricted contract) paragraph (a) (no cancellation until two years have elapsed since the date of the entry) shall cease to have effect.

• (5) In this section “rent” has the same meaning as in Part V of the Rent Act 1977.

No further assured tenancies under Housing Act 1980

37

• (1) A tenancy which is entered into on or after the commencement of this Act cannot be an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (in this section referred to as a “1980 Act tenancy”).

• (2) In any case where—

• (a) before the commencement of this Act, a tenant under a 1980 Act tenancy made an application to the court under section 24 of the Landlord and Tenant Act 1954 (for the grant of a new tenancy), and

• (b) at the commencement of this Act the 1980 Act tenancy is continuing by virtue of that section or of any provision of Part IV of the said Act of 1954,

section 1(3) of this Act shall not apply to the 1980 Act tenancy.

• (3) If, in a case falling within subsection (2) above, the court makes an order for the grant of a new tenancy under section 29 of the Landlord and Tenant Act 1954, that tenancy shall be an assured tenancy for the purposes of this Act.

• (4) In any case where—

• (a) before the commencement of this Act a contract was entered into for the grant of a 1980 Act tenancy, but

• (b) at the commencement of this Act the tenancy had not been granted,

the contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act).

• (5) In relation to an assured tenancy falling within subsection (3) above or granted pursuant to a contract falling within subsection (4) above, Part I of Schedule 1 to this Act shall have effect as if it consisted only of paragraphs 11 and 12; and, if the landlord granting the tenancy is a fully mutual housing association, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), the said paragraph 12 shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

• (6) Any reference in this section to a provision of the Landlord and Tenant Act 1954 is a reference only to that provision as applied by section 58 of the Housing Act 1980.

• (7) Nothing in this section that purports to grant an assured tenancy, or purports to grant a contract for the grant of an assured tenancy, applies to a dwelling-house in Wales (see section 240 of the Renting Homes (Wales) Act 2016 (anaw 1) for provision about the conversion of existing tenancies to occupation contracts, and section 241 for provision about pre-existing contracts).

Transfer of existing tenancies from public to private sector

38

• (1) The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—

• (a) at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (5) below); and

• (b) at some time after that commencement, the interest of the landlord ceases to be so held.

• (2) The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—

• (a) at the commencement of this Act or, if it is later, at the time it is entered into, it is a housing association tenancy; and

• (b) at some time after that commencement, it ceases to be such a tenancy.

• (3) Subject to subsections (4) (4ZA), (4A), (4BA) and (4B), below on and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—

• (a) the tenancy shall not be capable of being a protected tenancy, a protected occupancy or a housing association tenancy;

• (b) the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and

• (c) paragraph 1 of Schedule 1 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.

• (4) In relation to a tenancy under which, at the commencement of this Act or, if it is later, at the time the tenancy is entered into, the interest of the landlord is held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985 and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981, subsections (1) and (3) above shall have effect as if any reference in subsection (1) above to the commencement of this Act were a reference to—

• (a) the date on which expires the period of two years beginning on the day this Act is passed; or

• (b) if the Secretary of State by order made by statutory instrument within that period so provides, such other date (whether earlier or later) as may be specified by the order for the purposes of this subsection.

• (4ZA) In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if—

• (a) the references to the Commission for the New Towns were references to the new towns residuary body;

• (b) in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and

• (c) in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted.

• (4A) Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to a private registered provider of social housing or a registered social landlord (within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)), then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or a secure contract and to be capable of being a housing association tenancy.

• (4B) Where, by virtue of a disposal by the Secretary of State made in the exercise by him of functions under Part III of the Housing Associations Act 1985, the interest of the landlord under a secure tenancy or a secure contract passes to a registered social landlord (within the meaning of the Housing Act 1985) then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or secure contract and to be capable of being a housing association tenancy.

• (4BA) The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body.

• (5) For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—

• (a) it belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or to the English new towns residuary body; or

• (aa) it belongs to a Mayoral development corporation; or

• (b) it belongs to a housing action trust established under Part III of this Act; or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.

• (5A) In this section “ new towns residuary body ” means—

• (a) in relation to times before the coming into force of this subsection, the Commission for the New Towns; and

• (b) in relation to other times—

• (i) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions (and any reference to the English new towns residuary body shall be construed accordingly); and

• (ii) in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 (and any reference to the Welsh new towns residuary body shall be construed accordingly).

• (6) In this section—

• (a) “housing association tenancy” means a tenancy to which Part VI of the Rent Act 1977 applies;

• (b) “protected tenancy” has the same meaning as in that Act; and

• (c) “protected occupancy” has the same meaning as in the Rent (Agriculture) Act 1976.

Statutory tenants: succession

39

• (1) In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”.

• (2) Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act.

• (3) Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act.

• (4) In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act.

• (5) In any case where, by virtue of any provision of—

• (a) Part I of Schedule 1 to the Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or

• (b) section 4 of the Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above,

a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.

• (6) Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one—

• (a) taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled;

• (b) deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy;

• (c) under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy;

• (d) under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy;

• (e) under which, subject to sections 13 to 15 above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and

• (f) which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy;

and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.

• (7) If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies it fulfils the conditions in section 20(1) above).

• (8) If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above).

• (9) Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications—

• (a) for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled;

• (b) in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and

• (c) for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death.

• (10) If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.

Chapter VI — General Provisions

Jurisdiction of county courts

40

• (1) The county court shall have jurisdiction to hear and determine any question arising under any provision of—

• (a) Chapters I to III and V above, or

• (b) sections 27 and 28 above,

other than a question falling within the jurisdiction of the appropriate tribunal by virtue of any such provision.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where any proceedings under any provision mentioned in subsection (1) above are being taken in the county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.

• (4) If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in the county court: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in the county court.

• (5) Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).

Rent assessment committees: procedure and information powers

41

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions.

• (3) If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Information as to determinations of rents

42

• (1) The President of the rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the Welsh Ministers, such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees in areas in Wales.

• (2) A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel ... shall be receivable in evidence in any court and in any proceedings.

• (3) An order under subsection (1) above—

• (a) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and

• (b) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

• (4) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Powers of local authorities for purposes of giving information

43

In section 149 of the Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—

(v) Chapters I to III of Part I of the Housing Act 1988

.

Application to Crown Property

44

• (1) Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.

• (2) In Chapter IV above—

• (a) sections 27 and 28 do not bind the Crown; and

• (b) the remainder binds the Crown to the extent provided for in section 10 of the Protection from Eviction Act 1977.

• (3) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

• (4) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

Interpretation of Part I

45

• (1) In this Part of this Act, except where the context otherwise requires,—

• “appropriate tribunal” means—in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal;in relation to a dwelling-house in Wales, a rent assessment committee;

• “dwelling-house” may be a house or part of a house;

• “fixed term tenancy” means any tenancy other than a periodic tenancy;

• “fully mutual housing association” has the same meaning as in Part I of the Housing Associations Act 1985;

• “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house;

• “let” includes “sub-let”;

• “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;

• “rates” includes water rates and charges but does not include an owner’s drainage rate, as defined in section 63(2)(a) of the Land Drainage Act 1976;

• “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);

• “secure tenancy” has the meaning assigned by section 79 of the Housing Act 1985;

• “statutory periodic tenancy” has the meaning assigned by section 5(7) above;

• “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and

• “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

• (2) Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.

• (3) Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.

• (4) For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.

• (5) Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

Part II — Housing Associations

Housing for Wales

Housing for Wales

46

Transfer to Housing for Wales of regulation etc. of housing associations based in Wales

47

Registration and issue of guidance

Permissible purposes, objects or powers

48

Guidance as to management of accommodation by registered housing associations

49

Grants...

Housing association grants

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revenue deficit grants

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery etc. of grants

52

• (1) Where a grant to which this section applies, that is to say—

• (a) a grant under section 50 or 51 above, or

• (b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or

• (c) a grant under section 2(2) of the Housing (Scotland) Act 1988,

has been made to a relevant housing association, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the appropriate authority may from time to time determine (in this section referred to as “relevant events”).

• (2) The appropriate authority. . . may—

• (a) reduce the amount of, or of any payment in respect of, the grant;

• (b) suspend or cancel any instalment of the grant; or

• (c) direct the association to apply or appropriate for such purposes as the appropriate authority may specify, or to pay to the appropriate authority an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,

and a direction under paragraph (c) above may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.

• (3) Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the appropriate authority and, if so required by written notice of the appropriate authority, shall furnish it with such particulars of and information relating to the event as are specified in the notice.

• (4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.

• (5) Where—

• (a) a grant to which this section applies has been made to an association, and

• (b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other relevant housing association, or trustees for some other such association,

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.

• (6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

• (a) the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

• (b) the appropriate authority may determine to be appropriate.

• (7) A direction under subsection (2)(c) above requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,—

• (a) the rate or rates of interest (whether fixed or variable) which is or are applicable;

• (b) the date from which interest is payable, being not earlier than the date of the relevant event; and

• (c) any provision for suspended or reduced interest which is applicable.

• (8) In subsection (7)(c) above—

• (a) the reference to a provision for suspended interest is a reference to a provision whereby, if the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

• (b) the reference to a provision for reduced interest is a reference to a provision whereby, if the principle amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

• (9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

• (a) such as the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

• (b) such as the appropriate authority may determine to be appropriate in the particular case.

• (9A) In this section and sections 53 and 54—

• “the appropriate authority”—in relation to an English relevant housing association and property outside Greater London, means the Homes and Communities Agency, in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, andin relation to a Welsh relevant housing association, means the Welsh Ministers,

• “ relevant housing association ” means— a housing association which is a registered provider of social housing (“an English relevant housing association”), anda housing association which is a registered social landlord (“a Welsh relevant housing association”).

• (9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

• (a) Part 1 of the Housing Act 1996,

• (b) Part 1 of the 1985 Act, or

• (c) any corresponding earlier enactment.

Determinations under Part II

53

• (1) A general determination may either—

• (a) make the same provision for all cases; or

• (b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;

and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

• (2) The Homes and Communities Agency shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State

• (3) Before making a general determination, the appropriate authority shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the appropriate authority shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.

• (4) In this section “general determination” means a determination under section 52 above, other than a determination relating solely to a particular case.

Grants: functions of Secretary of State

Tax relief grants

54

• (1) If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—

• (a) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or

• (b) included that function and activities incidental to that function,

the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.

• (2) This section applies to a housing association at any time if, at that time—

• (a) it is a relevant housing association;

• (b) it does not trade for profit; and

• (c) it is not approved for the purposes of Chapter 7 of Part 13 of the Corporation Tax Act 2010 (tax treatment of co-operative housing associations).

• (3) References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.

• (4) A grant under this section may be made—

• (a) in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and

• (b) in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;

and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.

• (5) The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—

• (a) in the event of tax in respect of which it was made being found not to be chargeable; or

• (b) in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.

• (6) A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.

• (7) The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.

• (8) In this section “letting” includes—

• (a) in England and Wales, the grant of a shared ownership lease or a licence to occupy;

• (b) in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.

Surplus rental income

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and supplemental

Duty of Housing Corporation and Housing for Wales in relation to racial discrimination

56

Delegation of certain functions

57

The Secretary of State may delegate to the Housing Corporation, to such extent and subject to such conditions as he may specify, any of his functions , so far as they relate to English registered social landlords, under—

• (a) section 54 . . . above;

• (b) sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and

• (c) Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);

and where he does so, references to him in those provisions shall be construed accordingly.

Application of Housing Acts to certain transactions

58

• (1) This section applies to any tenant of a publicly-funded house who, but for paragraph 1 of Schedule 5 to the Housing Act 1985 (no right to buy where landlord a charitable housing trust or housing association), would have the right to buy under Part V of the Housing Act 1985.

• (2) A house is publicly-funded for the purposes of subsection (1) above if a grant under section 50 above, or a grant under section 41 of the 1985 Act or any enactment replaced by that section, has been paid in respect of a project which included—

• (a) the acquisition of the house;

• (b) the acquisition of a building and the provision of the house by means of the conversion of the building; or

• (c) the acquisition of land and the construction of the house on the land.

• (3) Where a registered housing association contracts for the acquisition of a house and, without taking the conveyance, grant or assignment, disposes of its interest at a discount to a tenant to whom this section applies, the provisions mentioned in subsection (4) below shall have effect as if the association first acquired the house and then disposed of it to the tenant.

• (4) The said provisions are—

• section 4 of the 1985 Act (eligibility for registration);

• section 8 of that Act (disposal of land by registered housing associations);

• section 9 of that Act (consent of Corporation to disposals);

• section 79(2) of that Act (power of Corporation to lend to person acquiring interest from registered housing association);

• Schedule 2 to that Act (covenants for repayments of discount on early disposal and restricting disposal of houses in National Parks etc. ); and

• section 130 of the Housing Act 1985 (reduction of discount on exercise of right to buy where previous discount given).

Interpretation of Part II and amendments of Housing Associations Act 1985

59

• (1) In this Part of this Act—

• (a) “the 1985 Act” means the Housing Associations Act 1985; and

• (b) subject to subsections (1A) and (1B) below expressions used in this Part have the same meaning as in the 1985 Act.

• (1A) Expressions used in sections 52 to 54 ... above have the same meaning as in Part I of the Housing Act 1996, subject as follows.

• (1B) In those sections “housing activities” and “shared ownership lease”, in relation to times, circumstances and purposes before the commencement of section 1 of the Housing Act 1996 (the register of social landlords), have the same meaning as in the 1985 Act.

• (2) The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—

• (a) extending the supervisory powers conferred by Part I of the 1985 Act;

• (b) making provision incidental to and consequential upon . . . the establishment by the Housing (Scotland) Act 1988 of Scottish Homes;

• (c) making provision incidental to and consequential upon the provisions of this Part of this Act and the provisions of Part IV of this Act; and

• (d) varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.

• (3) In Schedule 6 to this Act,—

• (a) Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and

• (b) Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.

• (4) Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.

Part III — Housing Action Trust Areas

Areas and trusts

Housing action trust areas

60

• (1) Subject to section 61 below, the Secretary of State may by order designate an area of land in England for which, in his opinion, it is expedient that a corporation, to be known as a housing action trust, having the functions specified in this Part of this Act, should be established.

• (2) The area designated by an order under this section may comprise two or more parcels of land which—

• (a) need not be contiguous; and

• (b) need not be in the district of the same local housing authority.

• (3) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

• (4) In deciding whether to make an order under this section designating any area of land, the Secretary of State shall have regard to such matters as he thinks fit.

• (5) Without prejudice to the generality of subsection (4) above, among the matters to which the Secretary of State may have regard in deciding whether to include a particular area of land in an order under this section, are—

• (a) the extent to which the housing accommodation in the area as a whole is occupied by tenants or owner-occupiers and the extent to which it is local authority housing;

• (b) the physical state and design of the housing accommodation in the area and any need to repair or improve it;

• (c) the way in which the local authority housing in the area is being managed; and

• (d) the living conditions of those who live in the area and the social conditions and general environment of the area.

• (6) An area designated by an order under this section shall be known as a housing action trust area and in the following provisions of this Part of this Act—

• (a) such an area is referred to as a “designated area”; and

• (b) an order under this section is referred to as a “designation order”.

Consultation and publicity

61

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants or introductory tenants ... or tenants of such description as may be prescribed by regulations.

• (3) After having taken the action required by subsection (2) above, the Secretary of State shall either—

• (a) make arrangements for such independent persons as appear to him to be appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or

• (b) if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal.

• (4) If it appears from a ballot or poll conducted as mentioned in subsection (3) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed.

• (5) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing action trusts

62

• (1) Subject to subsection (2) below, where the Secretary of State makes a designation order, he shall, in that order or by a separate order, either—

• (a) establish a housing action trust for the designated area; or

• (b) specify as the housing action trust for the designated area a housing action trust already established for another designated area.

• (2) Such a separate order as is referred to in subsection (1) above shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

• (3) Subject to subsection (4) below, a housing action trust shall be a body corporate by such name as may be prescribed by the order establishing it.

• (4) Where the Secretary of State makes the provision referred to in subsection (1)(b) above,—

• (a) the housing action trust specified in the order shall, by virtue of the order, be treated as established for the new designated area (as well as for any designated area for which it is already established); and

• (b) the order may alter the name of the trust to take account of the addition of the new designated area.

• (5) Schedule 7 to this Act shall have effect with respect to the constitution of housing action trusts and Schedule 8 to this Act shall have effect with respect to their finances.

• (6) It is hereby declared that a housing action trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the trust’s property is not to be regarded as the property of, or property held on behalf of, the Crown.

• (7) At the end of section 4 of the Housing Act 1985 (descriptions of authority) there shall be added—

(f) “housing action trust” means a housing action trust established under Part III of the Housing Act 1988

; and at the end of section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added—

(h) a housing action trust established under Part III of the Housing Act 1988

.

Objects and general powers of housing action trusts

63

• (1) The primary objects of a housing action trust in relation to the designated area for which it is established shall be—

• (a) to secure the repair or improvement of housing accommodation for the time being held by the trust;

• (b) to secure the proper and effective management and use of that housing accommodation;

• (c) to encourage diversity in the interests by virtue of which housing accommodation in the area is occupied and, in the case of accommodation which is occupied under tenancies, diversity in the identity of the landlords; and

• (d) generally to secure or facilitate the improvement of living conditions of those living in the area and the social conditions and general environment of the area.

• (2) Without prejudice to subsection (1) above, a housing action trust may—

• (a) provide and maintain housing accommodation; and

• (b) facilitate the provision of shops, advice centres and other facilities for the benefit of the community or communities who live in the designated area.

• (2A) For the avoidance of doubt it is hereby declared that it is immaterial for the purposes of this section whether action taken by a housing action trust for achieving its objects or exercising the powers conferred on it by subsection (2) above also—

• (a) benefits persons who do not live in the designated area; or

• (b) improves the social conditions or general environment of an area outside the designated area.

• (3) For the purpose of achieving its objects and exercising the powers conferred on it by subsection (2) above, a housing action trust may—

• (a) acquire, hold, manage, reclaim and dispose of land and other property;

• (b) carry out building and other operations;

• (c) seek to ensure the provision of water, electricity, gas, sewerage and other services; and

• (d) carry on any business or undertaking;

and may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.

• (4) For the avoidance of doubt it is hereby declared that subsection (3) above relates only to the capacity of a housing action trust as a statutory corporation; and nothing in this section authorises such a trust to disregard any enactment or rule of law.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A transaction between any person and a housing action trust shall not be invalidated by reason of any failure by the trust to observe the objects in subsection (1) above or the requirement that the trust shall exercise the powers conferred by subsections (2) and (3) above for the purpose referred to in that subsection.

The housing action trust’s proposals for its area

64

• (1) As soon as practicable after a housing action trust has been established for a designated area, the trust shall prepare a statement of its proposals with regard to the exercise of its functions in relation to the area.

• (2) The trust shall consult every local housing authority or county council, any part of whose area lies within the designated area, with regard to the proposals contained in the statement prepared under subsection (1) above.

• (3) A housing action trust shall take such steps as it considers appropriate to secure—

• (a) that adequate publicity is given in the designated area to the proposals contained in the statement prepared under subsection (1) above;

• (b) that those who live in the designated area are made aware that they have an opportunity to make, within such time as the trust may specify, representations to the trust with respect to those proposals; and

• (c) that those who live in the designated area are given an adequate opportunity of making such representations;

and the trust shall consider any such representations as may be made within the time specified.

• (4) As soon as may be after a housing action trust has complied with the requirements of subsections (1) to (3) above it shall send to the Secretary of State a copy of the statement prepared under subsection (1) above together with a report of—

• (a) the steps the trust has taken to consult as mentioned in subsection (2) above and to secure the matters referred to in subsection (3) above; and

• (b) the consideration it has given to points raised in the course of consultation and to representations received.

• (5) At such times as a housing action trust considers appropriate or as it may be directed by the Secretary of State, the trust shall prepare a further statement of its proposals with regard to the exercise of its functions in relation to its area; and subsections (2) to (4) above shall again apply as they applied in relation to the first statement.

Functions

Housing action trust as housing authority etc

65

• (1) If the Secretary of State so provides by order, in a designated area or, as the case may be, in such part of the area as may be specified in the order, the housing action trust for the area shall have such of the functions described in subsection (2) below as may be so specified.

• (2) The functions referred to in subsection (1) above are—

• (a) the functions conferred on a local housing authority by Parts II, VI, VII and IX to XI and XVI of the Housing Act 1985 and section 3(1) of the Chronically Sick and Disabled Persons Act 1970;

• (b) the functions conferred by Part II of the Housing Associations Act 1985 on a local authority, within the meaning of that Act; and

• (c) the functions conferred by sections 39 to 41 of the Land Compensation Act 1973 on the authority which is “the relevant authority” for the purposes of section 39 of that Act.

• (3) As respects the designated area or part thereof to which an order under this section applies, on the coming into force of the order, any function conferred on a housing action trust by the order shall, according to the terms of the order, be exercisable either—

• (a) by the trust instead of by the authority by which, apart from the order, the function would be exercisable; or

• (b) by the trust concurrently with that authority.

• (4) Any enactment under which a housing action trust is to exercise a function by virtue of an order under this section shall have effect—

• (a) in relation to the trust, and

• (b) where the trust is to have the function concurrently with another authority, in relation to that authority,

subject to such modifications (if any) as may be specified in the order.

• (5) Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.

• (6) Such (if any) of the provisions of Parts XVII and XVIII of the Housing Act 1985 (compulsory purchase, land acquisition and general provisions) as may be specified in an order under this section shall have effect in relation to a housing action trust subject to such modifications as may be specified in the order.

• (7) An order under this section—

• (a) may contain such savings and transitional and supplementary provisions as appear to the Secretary of State to be appropriate; and

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

Planning control

66

• (1) A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.

• (2) Without prejudice to the generality of the powers conferred by sections 59 to 61 of the 1990 Act, a special development order made by the Secretary of State under section 59 with respect to a designated area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order.

• (3) The Secretary of State shall give to a housing action trust such directions with regard to the disposal of land held by it and with respect to the development by it of such land as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historical interest and, in particular, of any buildings included in any list compiled or approved or having effect as if compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest).

• (4) Any reference in this section to the local planning authority,—

• (a) in relation to land in ... Greater London or a metropolitan county, is a reference to the authority which is the local planning authority as ascertained in accordance with sections 1 and 2 of the 1990 Act; and

• (b) in relation to other land in England, is a reference to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 1 of Schedule 1 to the 1990 Act) to the county planning authority.

Housing action trust as planning authority

67

• (1) The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and in relation to such kinds of development as may be specified in the order, a housing action trust shall be the local planning authority for the whole or such part as may be so specified of its designated area . . .

• (2) An order under subsection (1) above may provide—

• (a) that any enactment relating to local planning authorities shall not apply to the trust; and

• (b) that any such enactment which applies to the trust shall apply to it subject to such modifications as may be specified in the order.

• (3) An order made by the Secretary of State may provide—

• (a) that, subject to any modifications specified in the order, a housing action trust specified in the order shall have, in the whole or any part of its designated area . . . , such of the functions conferred by the provisions mentioned in subsection (3A) below as may be so specified; and

• (b) that such of the provisions of Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as are mentioned in the order shall have effect, in relation to the housing action trust specified in the order and to land in the trust’s area, subject to the modifications there specified.

• (3A) The provisions referred to in subsection (3)(a) above are sections 96, 100, 104 171C, 171D,172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to 26AA, 36 and 36A of the Planning (Hazardous Substances) Act 1990.

• (4) An order under subsection (3) above may provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the housing action trust specified in the order subject to such modifications as may be so specified.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and any such order shall have effect subject to such savings and transitional provisions as may be specified in the order.

Public health

68

• (1) The Secretary of State may by order provide that, in relation to premises comprising or consisting of housing accommodation, a housing action trust shall have in its designated area (or in such part of its designated area as may be specified in the order) the functions conferred on a local authority—

• (a) by sections 83 and 84 of the Public Health Act 1936 (the “1936 Act”) and section 36 of the Public Health Act 1961 (all of which relate to filthy or verminous premises or articles);

• (b) by any enactment contained in Part III (nuisances and offensive trades) of the 1936 Act;

• (c) by so much of Part XII of the 1936 Act as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and

• (d) by Part I of the Prevention of Damage by Pests Act 1949 (rats and mice).

• (2) On the order coming into force, the trust shall have the functions conferred in relation to the designated area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

• (3) The order may provide that any enactment under which the trust is to exercise functions by virtue of the order shall have effect in relation to the trust and, where the trust is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

• (4) Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.

• (5) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

• (6) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Highways

69

• (1) When any street works have been executed on any land in a designated area which was then or has since become a private street (or part of a private street), the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.

• (2) Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State . . .

• (3) After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications).

• (4) Where, under subsection (3) above, the Secretary of State confirms a notice,—

• (a) he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and

• (b) the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify.

• (5) Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above.

• (6) In this section “private street” and “street works authority” have the same meanings as in Part XI of the Highways Act 1980.

Co-operation on homelessness between local housing authorities and housing action trusts

70

Power to give financial assistance

71

• (1) For the purpose of achieving its objects a housing action trust may, with the consent of the Secretary of State, give financial assistance to any person.

• (2) Financial assistance under subsection (1) above may be given in any form and, in particular, may be given by way of—

• (a) grants,

• (b) loans,

• (c) guarantees,

• (d) incurring expenditure for the benefit of the person assisted, or

• (e) purchasing loan or share capital in a company.

• (3) Financial assistance under subsection (1) above may be given on such terms as the housing action trust, with the consent of the Secretary of State, considers appropriate.

• (4) Any consent under this section—

• (a) may be given either unconditionally or subject to conditions; and

• (b) may be given in relation to a particular case or in relation to such description of cases as may be specified in the consent;

and the reference in subsection (3) above to the consent of the Secretary of State is a reference to his consent given with the approval of the Treasury.

• (5) The terms referred to in subsection (3) above may, in particular, include provision as to—

• (a) the circumstances in which the assistance must be repaid or otherwise made good to the housing action trust and the manner in which that is to be done; or

• (b) the circumstances in which the housing action trust is entitled to recover the proceeds or part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.

• (6) Any person receiving assistance under subsection (1) above shall comply with the terms on which it is given and compliance may be enforced by the housing action trust.

Directions as to exercise of functions

72

• (1) In the exercise of its functions, a housing action trust shall comply with any directions given by the Secretary of State.

• (2) Directions given by the Secretary of State may be of a general or particular character and may be varied or revoked by subsequent directions.

• (3) The Secretary of State shall publish any direction given under this section.

• (4) A transaction between any person and a housing action trust acting in purported exercise of its powers under this Part of this Act shall not be void by reason only that the transaction was carried out in contravention of a direction given under this section; and a person dealing with a housing action trust shall not be concerned to see or enquire whether a direction under this section has been given or complied with.

Transfer of functions

73

• (1) If, in the case of any designated area, it appears to the Secretary of State that it is expedient that the functions of a housing action trust established for the area should be transferred—

• (a) to the housing action trust established for another designated area, or

• (b) to a new housing action trust to be established for the area,

he may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order.

• (2) Where an order under this section provides for the functions of a housing action trust established for a designated area to be transferred to the housing action trust established for another designated area—

• (a) the latter trust shall, by virtue of the order, be treated as established for the first-mentioned designated area (as well as the area referred to in subsection (1)(a) above); and

• (b) the order may alter the name of the latter trust in such manner as appears to the Secretary of State to be expedient.

• (3) Before making an order under this section the Secretary of State shall consult the housing action trust whose functions are to be transferred and also, in a case falling within subsection (1)(a) above, the housing action trust to whom the functions are to be transferred.

• (4) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Transfer of housing accommodation etc.

Transfer of land and other property to housing action trusts

74

• (1) The Secretary of State may by order provide for the transfer from a local housing authority to a housing action trust of—

• (a) all or any of the authority’s local authority housing situated in the designated area; and

• (b) any other land held or provided in connection with that local authority housing.

• (2) Without prejudice to the powers under subsection (1) above, if in the opinion of the Secretary of State a housing action trust requires for the purposes of its functions any land which, though not falling within that subsection, is situated in the designated area and held (for whatever purpose) by a local authority, the Secretary of State may by order provide for the transfer of that land to the trust.

• (3) The Secretary of State may by order transfer from a local housing authority or other local authority to a housing action trust so much as appears to him to be appropriate of any property which is held or used by the authority in connection with any local authority housing or other land transferred to the trust under subsection (1) or subsection (2) above; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.

• (4) A transfer of any local authority housing or other land or property under the preceding provisions of this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—

• (a) arises under a tenancy of any local authority housing or other land transferred to the housing action trust under subsection (1) or subsection (2) above, and

• (b) falls due before the date of the transfer,

shall continue to be recoverable by the local housing authority or, as the case may be, the local authority to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested.

• (5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments by a local authority (as well as or instead of payments to a local authority); and the transfer from a local housing authority or other local authority of any local authority housing or other land or property by virtue of this section shall not be taken to give rise to any right to compensation.

• (6) Where an order is made under this section—

• (a) payments made by a local authority as mentioned in subsection (5) above shall be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);

• (b) unless the order otherwise provides, payments made to a local authority as mentioned in subsection (5) above shall be regarded for the purposes of section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset.

• (7) Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) In this section “local authority” means any of the following—

• (a) a local housing authority;

• (b) the council of a county;

• (c) the Inner London Education Authority;

• (d) an authority established by an order under section 10(1) of the Local Government Act 1985 (waste disposal);

• (e) a joint authority established by Part IV of that Act; . . .

• (f) a residuary body established by Part VII of that Act;

• (fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (fb) a combined authority established under section 103 of that Act;

• (fc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

• (fd) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (g) the London Fire Commissioner.

Supplementary provisions as to transfer orders

75

• (1) In this section a “transfer order” means an order under any of subsections (1) to (3) of section 74 above and, in relation to a transfer order, “the transferor authority” means the local housing authority or other local authority from whom local authority housing or other land or property is or is to be transferred by the order.

• (2) Before making a transfer order, the Secretary of State shall consult the transferor authority with respect to—

• (a) the local authority housing or other land or property which it is proposed should be transferred by the order; and

• (b) the terms of the proposed transfer.

• (3) Before making a transfer order with respect to any local authority housing or other land, the Secretary of State shall take such steps as appear to him to be appropriate to bring the proposed transfer to the attention of any secure tenant, ... introductory tenant ... or other person (other than a local authority) having an interest in the property proposed to be transferred as lessor, lessee, mortgagor or mortgagee.

• (4) In connection with any transfer made by it, a transfer order may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient and, in particular, may—

• (a) apply, with or without modification, any provision made by or under any enactment; and

• (b) modify the operation of any provision made by or under any enactment.

Vesting and acquisition of land

Vesting by order in housing action trust

76

• (1) Subject to subsections (2) and (3) below, the Secretary of State may by order provide that land specified in the order which is vested in statutory undertakers or any other public body or in a wholly-owned subsidiary of a public body shall vest in a housing action trust established or to be established for the designated area in which the land is situated.

• (2) An order under this section may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.

• (3) In the case of land vested in statutory undertakers, the power to make an order under this section shall be exercisable by the Secretary of State and the appropriate Minister.

• (4) Part I of Schedule 9 to this Act shall have effect for supplementing the preceding provisions of this section.

• (5) An order under this section shall have the same effect as a declaration under the Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Part II of Schedule 9 to this Act shall have effect subject to the modifications specified in that Part.

• (6) Compensation under the Land Compensation Act 1961, as applied by subsection (5) above and Part II of Schedule 9 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

• (6A) No order shall be made under this section in relation to a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011).

• (7) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Acquisition by housing action trust

77

• (1) For the purposes of achieving its objects (and performing any of its functions), a housing action trust may acquire land within its designated area by agreement or, on being authorised to do so by the Secretary of State, compulsorily.

• (2) A housing action trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—

• (a) land adjacent to the designated area which the trust requires for purposes connected with the discharge of its functions in the area; and

• (b) land outside the designated area (whether or not adjacent to it) which the trust requires for the provision of services in connection with the discharge of its functions in the area.

• (3) Where a housing action trust exercises its powers under subsection (1) or subsection (2) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.

• (4) Subject to section 78 below, the Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of the preceding provisions of this section.

• (5) A housing action trust may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase compulsorily such new rights as are specified in the order—

• (a) being rights over land in the designated area and which the trust requires for the purposes of its functions;

• (b) being rights over land adjacent to the designated area and which the trust requires for purposes connected with the discharge of its functions in the area; and

• (c) being rights over land outside the designated area (whether or not adjacent to it) and which the trust requires for the provision of services in connection with the discharge of its functions in the area.

• (6) In subsection (5) above—

• (a) “new rights” means rights which are not in existence when the order specifying them is made; and

• (b) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981;

and Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above.

• (7) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under this section; and in that Part as so applied “land” has the meaning given by the Interpretation Act 1978.

Supplementary provisions as to vesting, acquisition and compensation

78

• (1) The Acquisition of Land Act 1981, as applied by section 77 above, shall have effect subject to the modifications in Part I of Schedule 10 to this Act.

• (2) The supplementary provisions in Parts II and III of that Schedule shall have effect, being,—

• (a) as to those in Part II, provisions about land vested in or acquired by a housing action trust under this Part of this Act; and

• (b) as to those in Part III, provisions about the acquisition by a housing action trust of rights over land under section 77(5) above.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disposals of land

Disposal of land by housing action trusts

79

• (1) Subject to subsection (2) below and any directions given by the Secretary of State, a housing action trust may, with the consent of the Secretary of State, dispose of any land for the time being held by it to such persons, in such manner and on such terms as it considers expedient for the purpose of achieving its objects.

• (2) A housing action trust may not dispose of a house which is for the time being subject to a secure tenancy, ... an introductory tenancy ... except—

• (za) to a non-profit registered provider of social housing, or

• (a) to a registered social landlord (within the meaning of Part I of the Housing Act 1996), or

• (b) to a local housing authority or other local authority . . .;

but this subsection does not apply to a disposal under Part V of the Housing Act 1985 (the right to buy).

• (3) The reference in subsection (1) above to disposing of land includes a reference to granting an interest in or right over land and, in particular, the granting of an option to purchase the freehold of, or any other interest in, land is a disposal for the purposes of that subsection; and a consent under that subsection given to such a disposal extends to a disposal made in pursuance of the option.

• (4) The consent of the Secretary of State referred to in subsection (1) above may be given—

• (a) either generally to all housing action trusts or to a particular trust or description of trust;

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

• (c) subject to conditions.

• (5) Without prejudice to the generality of subsection (4)(c) above, consent under subsection (1) above may, in particular, be given subject to conditions as to the price, premium or rent to be obtained by the housing action trust 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 housing action trust.

• (5A) Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies ....

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In section 45(2)(b) of the Housing Act 1985 (which defines “public sector authority” for the purposes of provisions of that Act restricting service charges payable after disposal of a house) after the entry “an urban development corporation” there shall be inserted “a housing action trust”.

• (12) A housing action trust shall be treated as a local authority for the purposes of sections 18 to 30 of the Landlord and Tenant Act 1985 (service charges).

• (13) The provisions of Schedule 11 to this Act shall have effect in the case of certain disposals of houses by a housing action trust.

Disposals made without consent

80

• (1) Any disposal of a house by a housing action trust which is made without the consent required by section 79(1) above 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) Subject to subsection (1) above,—

• (a) a disposal of any land made by a housing action trust shall not be invalid by reason only that it is made without the consent required by section 79(1) above; and

• (b) a person dealing with a housing action trust or with a person claiming under such a trust shall not be concerned to see or enquire whether any consent required by section 79(1) above has been obtained.

Consent required for certain subsequent disposals

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Corporation to provide legal assistance to tenants after disposal

82