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Housing Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) section 171C of the Housing Act 1985 (modifications of Part 5 in relation to preserved right to buy), or

(b) section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England),

may make provision corresponding to subsections (1) to (3) of this section so far as those subsections relate to section 138(2B) of the Housing Act 1985.

Chapter 2 — Disposals attracting discounts other than under right to buy

Disposals by local authorities

Repayment of discount: periods and amounts applicable

195

(1) Section 35 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3).

(2) In subsection (2) for the words from “to pay to the authority” to the end of the subsection substitute “ to the following effect. ”

(3) After subsection (2) insert—

(3) The covenant shall be to pay to the authority such sum (if any) as the authority may demand in accordance with subsection (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment. (4) The authority may demand such sum as they consider appropriate, up to and including the maximum amount specified in this section. (5) The maximum amount which may be demanded by the authority is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 32. (6) But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth. (7) Subsections (4) to (6) are subject to section 35A.

(4) The amendments made by this section do not apply in any case where—

(a) the purchaser has accepted an offer for the disposal of the house from the authority, or

(b) the authority has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(5) Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

(6) In the following provisions—

(a) section 35(2) of the Housing Act 1985 (c. 68) (as it has effect without the amendments made by this section), and

(b) any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the authority on demand is to be read as a reference to his being liable to pay to the authority so much of that amount (if any) as the authority may demand.

(7) In subsections (5) and (6) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with section 35 of that Act.

Repayment of discount: increase attributable to home improvements to be disregarded

196

After section 35 of the Housing Act 1985 insert—

(35A) (1) In calculating the maximum amount which may be demanded by the authority under section 35, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house— (a) by the person by whom the disposal is, or is to be, made, and (b) after the conveyance, grant or assignment and before the disposal, shall be disregarded. (2) The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer. (3) The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless— (a) it is reasonably practicable for him to do so; and (b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made. (4) If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.

Local authority’s right of first refusal

197

(1) After section 36 of the Housing Act 1985 (c. 68) insert—

(36A) (1) This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides. (2) On the disposal the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title. (3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal. (4) In subsection (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made. (5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on— (a) a local authority which have made a disposal as mentioned in subsection (1), or (b) such other person as is determined in accordance with the regulations, a right of first refusal to have a disposal within subsection (6) made to them or him for such consideration as is mentioned in section 36B. (6) The disposals within this subsection are— (a) a reconveyance or conveyance of the house; and (b) a surrender or assignment of the lease. (7) Regulations under this section may, in particular, make provision— (a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed; (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted; (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer; (d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person; (e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person; (f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken; (g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market; (h) for the manner in which any offer, acceptance or notification is to be communicated. (8) In subsection (7) any reference to the purchaser is a reference to the purchaser or his successor in title. Nothing in that subsection affects the generality of subsection (5). (9) Regulations under this section— (a) may make different provision with respect to different cases or descriptions of case; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) The limitation imposed by a covenant within subsection (3) is a local land charge. (11) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant. (36B) (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section). (2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 35 (repayment of discount on early disposal) would be discharged by the vendor. (3) If the offer is accepted in accordance with regulations under section 36A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant. (4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 36A).

(2) In section 33(2) of the Housing Act 1985 (c. 68) (covenants and conditions which may be imposed), after “But” insert “ , subject to sections 36A and 37, ”.

(3) In section 37(1) of that Act (restriction on disposal of dwelling-houses in National Parks etc.), after “restriction on assignment)” insert “ or a covenant as mentioned in section 36A(3) (right of first refusal for local authority) ”.

(4) In section 41 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—

(aa) the covenant required by section 36A (right of first refusal for local authority) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and

(5) The amendments made by this section do not apply in relation to a disposal under section 32 of that Act if—

(a) the purchaser has accepted an offer for the disposal of the house from the authority, or

(b) the authority has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

Deferred resale agreements

198

(1) After section 39 of the Housing Act 1985 insert—

(39A) (1) If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 35 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time. (2) In subsection (1) “the appropriate time” means— (a) the time when the agreement is entered into, or (b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period. (3) An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person— (a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 32, (b) which is made before the end of the discount repayment period, and (c) under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period. (4) Such an agreement is within subsection (3)— (a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and (b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition. (5) The Secretary of State may by order provide— (a) for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3); (b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply. (6) An order under subsection (5)— (a) may make different provision with respect to different cases or descriptions of case; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section— - “agreement” includes arrangement; - “the discount repayment period” means the period of 3 years that applies for the purposes of section 35(2) or the period of five years that applies for the purposes of section 35(3) (depending on whether an offer such as is mentioned in section 195(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).

(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.

Repayment of discount: periods and amounts payable

199

(1) For section 11 of the Housing Act 1996 (c. 52) substitute—

(11) (1) Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect. (2) The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment. (3) The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section. (4) The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house by the landlord. (5) But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth. (6) Subsections (3) to (5) are subject to section 11A. (11A) (1) In calculating the maximum amount which may be demanded by the landlord under section 11, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house— (a) by the person by whom the disposal is, or is to be, made, and (b) after the conveyance, grant or assignment and before the disposal, shall be disregarded. (2) The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer. (3) The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless— (a) it is reasonably practicable for him to do so; and (b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made. (4) If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section. (11B) (1) The liability that may arise under the covenant required by section 11 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage. (2) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, etc.)— (a) the covenant required by section 11 is not binding on the person to whom the disposal is made or any successor in title of his, and (b) the covenant and the charge taking effect by virtue of this section cease to apply in relation to the property disposed of.

(2) In section 12, for “section 11” in each place where it occurs substitute “ section 11B ”.

(3) The amendments made by this section do not apply in any case where—

(a) the purchaser has accepted an offer for the disposal of the house from the landlord, or

(b) the landlord has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(4) Subsection (5), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

(5) In the following provisions—

(a) section 11(2) of the Housing Act 1996 (c. 52) (as it has effect without the amendments made by this section), and

(b) any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the landlord on demand is to be read as a reference to his being liable to pay to the landlord so much of that amount (if any) as the landlord may demand.

(6) In subsections (4) and (5) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with section 11 of that Act.

200

(1) After section 12 of the Housing Act 1996 insert—

(12A) (1) Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title. (2) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal. (3) In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made. (4) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on— (a) a registered social landlord which has made a disposal as mentioned in subsection (1), or (b) such other person as is determined in accordance with the regulations, a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 12B. (5) The disposals within this subsection are— (a) a reconveyance or conveyance of the house; and (b) a surrender or assignment of the lease. (6) Regulations under this section may, in particular, make provision— (a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed; (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted; (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer; (d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person; (e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person; (f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken; (g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market; (h) for the manner in which any offer, acceptance or notification is to be communicated. (7) In subsection (6) any reference to the purchaser is a reference to the purchaser or his successor in title. Nothing in that subsection affects the generality of subsection (4). (8) Regulations under this section— (a) may make different provision with respect to different cases or descriptions of case; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (9) The limitation imposed by a covenant within subsection (2) is a local land charge. (10) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant. (11) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c)— (a) the covenant required by this section is not binding on the person to whom the disposal is made or any successor in title of his, and (b) the covenant ceases to apply in relation to the property disposed of. (12B) (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section). (2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 11 (repayment of discount on early disposal) would be discharged by the vendor. (3) If the offer is accepted in accordance with regulations under section 12A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant. (4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 12A).

(2) In section 13(1) of the Housing Act 1996 (c. 52) (restriction on disposal of houses in National Parks, &c), after “restriction on assignment)” insert “ or a covenant as mentioned in section 12A(2) of this Act (right of first refusal for registered social landlord) ”.

(3) The amendments made by this section do not apply in relation to a disposal under section 8 of that Act if—

(a) the purchaser has accepted an offer for the disposal of the house from the landlord, or

(b) the landlord has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

Deferred resale agreements

201

(1) After section 15 of the Housing Act 1996 insert—

(15A) (1) If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 11 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time. (2) In subsection (1) “the appropriate time” means— (a) the time when the agreement is entered into, or (b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period. (3) An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person— (a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, by virtue of section 8, (b) which is made before the end of the discount repayment period, and (c) under which a relevant disposal which is not an exempted disposal is or may be required to be made to any person after the end of that period. (4) Such an agreement is within subsection (3)— (a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and (b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition. (5) The Secretary of State may by order provide— (a) for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3); (b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply. (6) An order under subsection (5)— (a) may make different provision with respect to different cases or descriptions of case; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section— - “agreement” includes arrangement; - “the discount repayment period” means the period of three or five years that applies for the purposes of section 11(2) (depending on whether an offer such as is mentioned in section 199(3) of the Housing Act 2004 was made before or on or after the coming into force of that section).

(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.

Right of assured tenant to acquire dwelling not affected by collective enfranchisement

202

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Disposals by housing action trusts

Repayment of discount: periods and amounts payable

203

(1) Schedule 11 to the Housing Act 1988 (c. 50) (provisions applicable to certain disposals of houses) is amended as follows.

(2) In paragraph 1(2) for the words from “to pay to the housing action trust” to the end of the sub-paragraph substitute “ to the following effect. ”

(3) After paragraph 1(2) insert—

(3) The covenant shall be to pay to the housing action trust such sum (if any) as the trust may demand in accordance with sub-paragraph (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment. (4) The trust may demand such sum as it considers appropriate, up to and including the maximum amount specified in this paragraph. (5) The maximum amount which may be demanded by the trust is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 79. (6) But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the trust is reduced by one-fifth. (7) Sub-paragraphs (4) to (6) are subject to paragraph 1A. (1A) (1) In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house— (a) by the person by whom the disposal is, or is to be, made, and (b) after the conveyance, grant or assignment and before the disposal, shall be disregarded. (2) The amount to be disregarded under this paragraph shall be such amount as may be agreed between the parties or determined by the district valuer. (3) The district valuer shall not be required by virtue of this paragraph to make a determination for the purposes of this paragraph unless— (a) it is reasonably practicable for him to do so; and (b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made. (4) If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.

(4) The amendments made by this section do not apply in any case where—

(a) the purchaser has accepted an offer for the disposal of the house from the housing action trust, or

(b) the housing action trust has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(5) Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

(6) In the following provisions—

(a) paragraph 1(2) of Schedule 11 to the Housing Act 1988 (c. 50) (as it has effect without the amendments made by this section), and

(b) any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the housing action trust on demand is to be read as a reference to his being liable to pay to the trust so much of that amount (if any) as the trust may demand.

(7) In subsections (5) and (6) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with paragraph 1 of Schedule 11 to that Act.

Housing action trust’s right of first refusal

204

(1) After paragraph 2 of Schedule 11 to the Housing Act 1988 insert—

(2A) (1) This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph. (2) On the disposal, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title. (3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal. (4) In sub-paragraph (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made. (5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on— (a) a housing action trust which has made a disposal as mentioned in sub-paragraph (1), or (b) such other person as is determined in accordance with the regulations, a right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B. (6) The disposals within this sub-paragraph are— (a) a reconveyance or conveyance of the house; and (b) a surrender or assignment of the lease. (7) Regulations under this paragraph may, in particular, make provision— (a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed; (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted; (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer; (d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person; (e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person; (f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken; (g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market; (h) for the manner in which any offer, acceptance or notification is to be communicated. (8) In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title. Nothing in that sub-paragraph affects the generality of sub-paragraph (5). (9) Regulations under this paragraph— (a) may make different provision with respect to different cases or descriptions of case; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) The limitation imposed by a covenant within sub-paragraph (3) is a local land charge. (11) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant. (2B) (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in paragraph 2A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that paragraph). (2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor. (3) If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant. (4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under paragraph 2A).

(2) In paragraph 6 of Schedule 11 to that Act (exempted disposals ending obligation under covenants), at the end of paragraph (b) insert

and (c) the covenant required by paragraph 2A above is not binding on the person to whom the disposal is made or any successor in title of his; and (d) that covenant ceases to apply in relation to the property disposed of.

(3) The amendments made by this section do not apply in relation to a disposal under section 79 of that Act if—

(a) the purchaser has accepted an offer for the disposal of the house from the housing action trust, or

(b) the housing action trust has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

Deferred resale agreements

205

(1) After paragraph 7 of Schedule 11 to the Housing Act 1988 (c. 50) insert—

(8) (1) If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time. (2) In sub-paragraph (1) “the appropriate time” means— (a) the time when the agreement is entered into, or (b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period. (3) An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person— (a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 79, (b) which is made before the end of the discount repayment period, and (c) under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period. (4) Such an agreement is within sub-paragraph (3)— (a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and (b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition. (5) The Secretary of State may by order provide— (a) for sub-paragraph (1) to apply to agreements of any description specified in the order in addition to those within sub-paragraph (3); (b) for sub-paragraph (1) not to apply to agreements of any description so specified to which it would otherwise apply. (6) An order under sub-paragraph (5)— (a) may make different provision with respect to different cases or descriptions of case; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this paragraph— - “agreement” includes arrangement; - “the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3) (depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).

(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.

Chapter 3 — Mobile Homes

Site agreements

Particulars of site agreements to be given in advance

206

(1) For section 1 of the Mobile Homes Act 1983 (c. 34) (particulars of agreements between site owners and occupiers of mobile homes) substitute—

(1) (1) This Act applies to any agreement under which a person (“the occupier”) is entitled— (a) to station a mobile home on land forming part of a protected site; and (b) to occupy the mobile home as his only or main residence. (2) Before making an agreement to which this Act applies, the owner of the protected site (“the owner”) shall give to the proposed occupier under the agreement a written statement which— (a) specifies the names and addresses of the parties; (b) includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land; (c) sets out the express terms to be contained in the agreement; (d) sets out the terms to be implied by section 2(1) below; and (e) complies with such other requirements as may be prescribed by regulations made by the appropriate national authority. (3) The written statement required by subsection (2) above must be given— (a) not later than 28 days before the date on which any agreement for the sale of the mobile home to the proposed occupier is made, or (b) (if no such agreement is made before the making of the agreement to which this Act applies) not later than 28 days before the date on which the agreement to which this Act applies is made. (4) But if the proposed occupier consents in writing to that statement being given to him by a date (“the chosen date”) which is less than 28 days before the date mentioned in subsection (3)(a) or (b) above, the statement must be given to him not later than the chosen date. (5) If any express term— (a) is contained in an agreement to which this Act applies, but (b) was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (4) above, the term is unenforceable by the owner or any person within section 3(1) below. This is subject to any order made by the court under section 2(3) below. (6) If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (4) above, the occupier may, at any time after the making of the agreement, apply to the court for an order requiring the owner— (a) to give him a written statement which complies with paragraphs (a) to (e) of subsection (2) (read with any modifications necessary to reflect the fact that the agreement has been made), and (b) to do so not later than such date as is specified in the order. (7) A statement required to be given to a person under this section may be either delivered to him personally or sent to him by post. (8) Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies. (9) Regulations under this section— (a) shall be made by statutory instrument; (b) if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament; and (c) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(2) Section 2 of that Act (terms of agreements) is amended as follows—

(a) in subsection (2), for “within six months of the giving of the statement under section 1(2) above” substitute “ within the relevant period ”; and

(b) for subsection (3) substitute—

(3) The court may, on the application of either party made within the relevant period, make an order— (a) varying or deleting any express term of the agreement; (b) in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order. (3A) In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending— (a) six months after that date, or (b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(6) above), six months after the date on which the statement is given; and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1.

(3) In section 5(1) of that Act (interpretation) insert at the appropriate place—

“the appropriate national authority” means— (a) in relation to England, the Secretary of State, and (b) in relation to Wales, the National Assembly for Wales;

(4) The amendments made by subsections (1) and (2) do not apply in relation to an agreement to which that Act applies where—

(a) the agreement, or

(b) (if it becomes one to which that Act applies as the result of any variation of it) the variation in question,

is made before the end of the period of 28 days beginning with the day on which those subsections come into force.

(5) The new section 1(9)(b) inserted by subsection (1) does not affect the continuing validity of any regulations made under section 1 of that Act before the passing of this Act.

Implied terms relating to termination of agreements or disposal of mobile homes

207

(1) Part 1 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) (terms implied in site agreements) is amended as follows.

(2) In paragraph 6 (termination by owner on ground of detrimental effect resulting from age and condition of mobile home)—

(a) omit “age and”; and

(b) after sub-paragraph (2) insert—

(3) Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above— (a) the court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, but (b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, and (c) the occupier indicates that he intends to carry out those repairs. (4) In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out. The repairs must be set out in the order. (5) If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.

(3) In paragraph 8 (sale of mobile home to person approved by owner)—

(a) after sub-paragraph (1) insert—

(1A) The occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above. (1B) Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request— (a) approve the person, unless it is reasonable for him not to do so, and (b) serve on the occupier notice of his decision whether or not to approve the person. (1C) A notice under sub-paragraph (1B) above must specify— (a) if the approval is given subject to conditions, the conditions, and (b) if the approval is withheld, the reasons for withholding it. (1D) The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1B)(a) above. (1E) If the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1C) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit. (1F) It is for the owner— (a) if he served a notice as mentioned in sub-paragraphs (1B) and (1C) and the question arises whether he served the notice within the required period of 28 days, to show that he did; (b) if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was; (c) if he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable. (1G) A request or notice under this paragraph— (a) must be in writing, and (b) may be served by post.

;

(b) in sub-paragraph (2) for “the Secretary of State” substitute “ the appropriate national authority ”; and

(4) After the existing provisions of paragraph 9 (gift of mobile home to person approved by owner), which become sub-paragraph (1), insert—

(2) Sub-paragraphs (1A) to (1G) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph.

(5) After Part 2 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) insert—

(1) (1) This paragraph applies to— (a) a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Part 1 (see paragraph 8(1A)), or (b) a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)). (2) If a person (“the recipient”) receives such a request and he— (a) though not the owner, has an estate or interest in the protected site, and (b) believes that another person is the owner (and that the other person has not received such a request), the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it. (3) In paragraph 8(1B) of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above. (2) (1) A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty. (2) The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 of this Schedule, against a person bound by that term.

(6) The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the day on which this section comes into force (“the appointed day”), as well as in relation to one made on or after that day.

Any reference in this subsection to the making of an agreement to which that Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which that Act applies.

(7) However—

(a) the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and

(b) the amendments made by subsections (3)(a), (4) and (5) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8(1) or (as the case may be) 9(1) of that Part of that Schedule.

Power to amend terms implied in site agreements

208

(1) After section 2 of the Mobile Homes Act 1983 (c. 34) insert—

(2A) (1) The appropriate national authority may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the authority considers appropriate. (2) An order under this section— (a) shall be made by statutory instrument; (b) may make different provision with respect to different cases or descriptions of case, including different provision for different areas; (c) may contain such incidental, supplementary, consequential, transitional or saving provisions as the authority making the order considers appropriate. (3) Without prejudice to the generality of subsections (1) and (2), an order under this section may— (a) make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order; (b) make such amendments of any provision of this Act as the authority making the order considers appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1. (4) The first order made under this section in relation to England or Wales respectively may provide for all or any of its provisions to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day). (5) No order may be made by the appropriate national authority under this section unless the authority has consulted— (a) such organisations as appear to it to be representative of interests substantially affected by the order; and (b) such other persons as it considers appropriate. (6) No order may be made by the Secretary of State under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(2) For the purposes of subsection (5) of the section 2A inserted by this section, consultation undertaken before the date of the passing of this Act constitutes as effective compliance with that subsection as if undertaken on or after that date.

Protection from eviction etc.

Protected sites to include sites for gypsies

209

Extension of protection from harassment for occupiers of mobile homes

210

Suspension of eviction orders

211

Chapter 4 — Tenancy deposit schemes

Tenancy deposit schemes

212

(1) The Secretary of State must make arrangements for securing that one or more tenancy deposit schemes are available for the purpose of safeguarding tenancy deposits paid in connection with shorthold tenancies.

(2) For the purposes of this Chapter a “tenancy deposit scheme” is a scheme which—

(a) is made for the purpose of safeguarding tenancy deposits paid in connection with shorthold tenancies and facilitating the resolution of disputes arising in connection with such deposits, and

(b) complies with the requirements of Schedule 10.

(3) Arrangements under subsection (1) must be arrangements made with any body or person under which the body or person (“the scheme administrator”) undertakes to establish and maintain a tenancy deposit scheme of a description specified in the arrangements.

(4) The Secretary of State may—

(a) give financial assistance to the scheme administrator;

(b) make payments to the scheme administrator (otherwise than as financial assistance) in pursuance of arrangements under subsection (1).

(5) The Secretary of State may, in such manner and on such terms as it thinks fit, guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with arrangements under subsection (1).

(6) Arrangements under subsection (1) must require the scheme administrator to give the Secretary of State, in such manner and at such times as it may specify, such information and facilities for obtaining information as it may specify.

(6A) For further provision about what must be included in the arrangements, see section 212A.

(7) The Secretary of State may make regulations conferring or imposing—

(a) on scheme administrators, or

(b) on scheme administrators of any description specified in the regulations,

such powers or duties in connection with arrangements under subsection (1) as are so specified.

(8) In this Chapter—

“authorised”, in relation to a tenancy deposit scheme, means that the scheme is in force in accordance with arrangements under subsection (1);

“custodial scheme” and “insurance scheme” have the meaning given by paragraph 1(2) and (3) of Schedule 10);

“money” means money in the form of cash or otherwise;

“shorthold tenancy” means an assured shorthold tenancy of a dwelling-house in England within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 (c. 50);

“tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—the performance of any obligations of the tenant, orthe discharge of any liability of his,arising under or in connection with the tenancy.

(9) In this Chapter—

(a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies, and

(b) references to a tenancy deposit being held in accordance with a scheme include, in the case of a custodial scheme, references to an amount representing the deposit being held in accordance with the scheme.

Requirements relating to tenancy deposits

213

(1) Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme.

(2) No person may require the payment of a tenancy deposit in connection with a shorthold tenancy which is not to be subject to the requirement in subsection (1).

(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 30 days beginning with the date on which it is received.

(4) For the purposes of this section “the initial requirements” of an authorised scheme are such requirements imposed by the scheme as fall to be complied with by a landlord on receiving such a tenancy deposit.

(5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to—

(a) the authorised scheme applying to the deposit,

(b) compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and

as may be prescribed.

(6) The information required by subsection (5) must be given to the tenant and any relevant person—

(a) in the prescribed form or in a form substantially to the same effect, and

(b) within the period of 30 days beginning with the date on which the deposit is received by the landlord.

(7) No person may, in connection with a shorthold tenancy, require a deposit which consists of property other than money.

(8) In subsection (7) “deposit” means a transfer of property intended to be held (by the landlord or otherwise) as security for—

(a) the performance of any obligations of the tenant, or

(b) the discharge of any liability of his,

arising under or in connection with the tenancy.

(9) The provisions of this section apply despite any agreement to the contrary.

(10) In this section—

“prescribed” means prescribed by an order made by the Secretary of State;

“property” means moveable property;

“relevant person” means any person who, in accordance with arrangements made with the tenant, paid the deposit on behalf of the tenant.

Proceedings relating to tenancy deposits

214

(1) Where a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007 , the tenant or any relevant person (as defined by section 213(10)) may make an application to the county court on the grounds—

(a) that section 213(3) or (6) has not been complied with in relation to the deposit, or

(b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.

(1A) Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.

(2) Subsections (3) and (4) apply in the case of an application under subsection (1) if the tenancy has not ended and the court—

(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or

(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.

(2A) Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—

(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or

(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.

(3) The court must, as it thinks fit, either—

(a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or

(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme,

within the period of 14 days beginning with the date of the making of the order.

(3A) The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.

(4) The court must ... order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.

(5) Where any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), the property in question is recoverable from the person holding it by the person by whom it was given as a deposit.

(6) In subsection (5) “deposit” has the meaning given by section 213(8).

Sanctions for non-compliance

215

(1) Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme.

(1A) Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.

(2) Subject to subsection (2A), If section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with.

(2A) Subsections (1) , (1A) and (2) do not apply in a case where—

(a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or

(b) an application to the county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.

(3) If any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), no section 21 notice may be given in relation to the tenancy until such time as the property in question is returned to the person by whom it was given as a deposit.

(4) In subsection (3) “deposit” has the meaning given by section 213(8).

(5) In this section a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).

Chapter 5 — Miscellaneous

Overcrowding

216

(1) The appropriate national authority may by order make such provision as it considers appropriate for and in connection with—

(a) determining whether a dwelling is overcrowded for the purposes of Part 10 of the Housing Act 1985 (c. 68) (overcrowding);

(b) introducing for the purposes of Chapter 3 of Part 4 of this Act a concept of overcrowding similar to that applying for the purposes of Part 10 (and accordingly removing the discretion of local housing authorities to decide particular issues arising under those sections);

(c) securing that overcrowding in premises to which Chapter 3 of Part 4 of this Act would otherwise apply, or any description of such premises, is regulated only by provisions of Part 10.

(2) An order under this section may, in particular, make provision for regulating the making by local housing authorities of determinations as to whether premises are overcrowded, including provision prescribing—

(a) factors that must be taken into account by such authorities when making such determinations;

(b) the procedure that is to be followed by them in connection with making such determinations.

(3) An order under this section may modify any enactment (including this Act).

(4) In this section—

(a) any reference to Part 10 of the Housing Act 1985 includes a reference to Part 10 as modified by an order under this section; and

(b) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Energy efficiency

Energy efficiency of residential accommodation: England

217

(1) The Secretary of State must take reasonable steps to ensure that by 2010 the general level of energy efficiency of residential accommodation in England has increased by at least 20 per cent compared with the general level of such energy efficiency in 2000.

(2) Nothing in this section affects the duties of the Secretary of State under section 2 of the Sustainable Energy Act 2003 (c. 30) (energy efficiency aim in respect of residential accommodation in England).

(3) In this section “residential accommodation” has the meaning given by section 1 of the Home Energy Conservation Act 1995 (c. 10).

218

Schedule 11 (which makes amendments relating to registered social landlords) has effect.

219

In section 115(2) of the Crime and Disorder Act 1998 (c. 37) after paragraph (d) insert—

(da) a person registered under section 1 of the Housing Act 1996 as a social landlord;

220

After section 27 of the Housing Act 1996 (c. 52) insert—

(27A) (1) The Relevant Authority may make grants under this section to persons other than registered social landlords. (2) Grants under this section are grants for any of the following purposes— (a) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of— (i) under equity percentage arrangements, or (ii) on shared ownership terms; (b) constructing houses to be disposed of— (i) under equity percentage arrangements, or (ii) on shared ownership terms; (c) providing loans to be secured by mortgages to assist persons to acquire houses for their own occupation; (d) providing, constructing or improving houses to be kept available for letting; (e) providing, constructing or improving houses for letting that are to be managed by such registered social landlords, and under arrangements containing such terms, as are approved by the Relevant Authority; (f) such other purposes as may be specified in an order under subsection (3). (3) The Secretary of State may by order make such provision in connection with the making of grants under this section as he considers appropriate. (4) An order under subsection (3) may, in particular, make provision— (a) defining “equity percentage arrangements” for the purposes of this section; (b) specifying or describing the bodies from whom loans may be obtained by persons wishing to acquire houses for their own occupation; (c) dealing with the priority of mortgages entered into by such persons; (d) specifying purposes additional to those mentioned in subsection (2)(a) to (e). (5) As regards grants made by the Housing Corporation, an order under subsection (3) may also require the imposition of conditions in connection with such grants, and for this purpose may— (a) prescribe conditions that are to be so imposed; (b) prescribe matters about which conditions are to be so imposed and any particular effects that such conditions are to achieve. (6) The Relevant Authority shall specify in relation to grants under this section— (a) the procedure to be followed in relation to applications for grant, (b) the circumstances in which grant is or is not to be payable, (c) the method for calculating, and any limitations on, the amount of grant, and (d) the manner in which, and the time or times at which, grant is to be paid. (7) If, by virtue of subsection (5), an order under subsection (3) requires conditions to be imposed by the Housing Corporation in connection with a grant to a person under this section, the Corporation in making the grant— (a) must provide that the grant is conditional on compliance by the person with such conditions as are required by the order; and (b) if it exercises its power to impose conditions under subsection (8), must not impose any that are inconsistent with the requirements of the order. (8) In making a grant to a person under this section the Relevant Authority may provide that the grant is conditional on compliance by the person with such conditions as the Authority may specify. (9) The conditions that may be so specified include conditions requiring the payment to the Relevant Authority in specified circumstances of a sum determined by the Authority (with or without interest). (10) An order under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (11) In this section— - “disposed of on shared ownership terms” has the meaning given by section 2(6); - “letting” includes the grant of a licence to occupy. (27B) (1) Where— (a) any grant is paid or payable to any person under section 27A, 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, another person who is not a registered social landlord, this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 27A. (2) Where— (a) any amount is paid or payable to any person by way of grant under section 27A, 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, a registered social landlord, this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 18. (3) In such a case, the relevant section 18 conditions accordingly apply to that grant or proportion of it, in relation to times falling after that time, in place of those specified under section 27A(8). - “The relevant section 18 conditions” means such conditions specified under section 18(3) as would have applied at the time of the making of the grant if it had been made under section 18 to a registered social landlord. (4) The proportion mentioned in subsection (1) or (2) is that which, in the circumstances of the particular case— (a) the Relevant Authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or (b) the Relevant Authority may determine to be appropriate.

Extension of right to acquire

221

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

Rights of pre-emption in connection with assured tenancies

222

(1) Section 5 of the Housing Act 1988 (c. 50) (security of tenure for assured tenants) is amended as follows.

(2) After subsection (5) (certain obligations etc. of tenant to be unenforceable) insert—

(5A) Nothing in subsection (5) affects any right of pre-emption— (a) which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and (b) in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value. “Dispose” means dispose by assignment or surrender, and “acquisition” has a corresponding meaning.

(3) The amendment made by subsection (2) does not apply in relation to any right of pre-emption granted before the day on which this section comes into force.

Allocation of housing accommodation by local authorities

223

In section 167(2)(d) of the Housing Act 1996 (c. 52) (people to whom preference is to be given in allocating housing accommodation) after “medical or welfare grounds” insert “ (including grounds relating to a disability) ”.

Disabled facilities grant

Disabled facilities grant: caravans

224

(1) The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is amended as follows.

(2) In section 1(1)(c)(i) (grants in relation to qualifying park homes) for “qualifying park homes” substitute “ caravans ”.

(3) In section 19(1) (applications for grants) for paragraph (c) substitute—

(c) that the applicant is an occupier (alone or jointly with others) of a qualifying houseboat or a caravan and, in the case of a caravan, that at the time the application was made the caravan was stationed on land within the authority’s area.

(4) In section 22A (certificates required in case of occupier’s application)—

(a) for “qualifying park home” in subsection (2)(b) and (3)(a) and (b) substitute “ caravan ”, and

(b) for “pitch” in subsection (3)(a) substitute “ land ”.

(5) In the following provisions for “qualifying park home” substitute “ caravan ”

(a) section 23(1)(a)(i), (b)(i), (i) and (k) (purposes of grant);

(b) section 24(3)(b)(i) (approval of application);

(d) section 41(1)(b) (change of circumstances).

(6) In section 57(2)(a) (power of authority to carry out works)—

(a) for “qualifying park home”, in each place where it occurs, substitute “ caravan ”, and

(b) for “pitch” in sub-paragraph (i) substitute “ land ”.

(7) In section 58 (minor definitions for the purposes of Chapter 1 of Part 1)—

(a) before the definition of “common parts” insert—

“caravan”— (a) means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968); and (b) includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

and

(b) for “qualifying park home” in the definition of “premises” substitute “ caravan ”, and

(8) In section 59 (index of defined expressions)—

(a) before the entry relating to “certified date” insert—

caravan	section 58

; and

(b) omit the entry relating to “qualifying park home”.

(9) The amendments made by this section do not apply in relation to any application for a disabled facilities grant under the Housing Grants, Construction and Regeneration Act 1996 (c. 53) that is made before the day on which this section comes into force.

Accommodation needs of gypsies and travellers

Duties of local housing authorities: accommodation needs of gypsies and travellers

225

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

Guidance in relation to section 225

226

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

Annual reports by local housing authorities

Removal of duty on local housing authorities to send annual reports to tenants etc.

227

Omit section 167 of the Local Government and Housing Act 1989 (c. 42) (duty of local housing authorities to send annual reports to tenants).

228

(1) After subsection (6) of section 51 of the Housing Act 1996 (c. 52) (schemes for investigation of housing complaints) insert—

(7) This section shall not apply in relation to social landlords in Wales (within the meaning given by section 51C).

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

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

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

Part 7 — Supplementary and final provisions

Residential property tribunals

229

(1) Any jurisdiction conferred on a residential property tribunal by or under any enactment is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (c. 42).

(2) When so constituted for exercising any such jurisdiction a rent assessment committee is known as a residential property tribunal.

(3) The National Assembly for Wales may by order make provision for and in connection with conferring on residential property tribunals, in relation to such matters as are specified in the order, such jurisdiction as is so specified.

(4) An order under subsection (3) may modify an enactment (including this Act).

(5) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Powers and procedure of residential property tribunals

230

(1) A residential property tribunal exercising any jurisdiction in respect of premises situated in Wales by virtue of any enactment has, in addition to any specific powers exercisable by it in exercising that jurisdiction, the general power mentioned in subsection (2).

(2) The tribunal’s general power is a power by order to give such directions as the tribunal considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings or any issue raised in or in connection with them.

(3) In deciding whether to give directions under its general power a tribunal must have regard to—

(a) the matters falling to be determined in the proceedings,

(b) any other circumstances appearing to the tribunal to be relevant, and

(c) the provisions of the enactment by virtue of which it is exercising jurisdiction and of any other enactment appearing to it to be relevant.

(4) A tribunal may give directions under its general power whether or not they were originally sought by a party to the proceedings.

(5) When exercising jurisdiction under this Act, the directions which may be given by a tribunal under its general power include (where appropriate)—

(a) directions requiring a licence to be granted under Part 2 or 3 of this Act;

(b) directions requiring any licence so granted to contain such terms as are specified in the directions;

(d) directions that any building or part of a building so specified is to be treated as if an HMO declaration had been served in respect of it on such date as is so specified (without there being any right to appeal against it under section 255(9));

(e) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

(5ZA) When exercising jurisdiction under the Caravan Sites and Control of Development Act 1960, the directions which may be given by a tribunal under its general power include (where appropriate) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

(5A) When exercising jurisdiction under the Mobile Homes Act 1983 or Part 4 of the Mobile Homes (Wales) Act 2013 , the directions which may be given by a tribunal under its general power include (where appropriate)—

(a) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise;

(b) directions requiring the arrears of pitch fees or the recovery of overpayments of pitch fees to be paid in such manner and by such date as may be specified in the directions;

(c) directions requiring cleaning, repairs, restoration, re-positioning or other works to be carried out in connection with a mobile home, pitch or the protected site in such manner as may be specified in the directions;

(d) directions requiring the establishment, provision or maintenance of any service or amenity in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions.

(5B) In subsection (5A)—

“mobile home” and “protected site” have the same meaning as in the Mobile Homes 1983 (see section 5 of that Act or the Mobile Homes (Wales) Act 2013 (see sections 2 and 60 of that Act) );

“pitch” has the meaning given by paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 or section 55 of the Mobile Homes (Wales) Act 2013 ;

“pitch fee” has the meaning given in paragraph 29 of Chapter 2, paragraph 13 of Chapter 3, or paragraph 27 of Chapter 4, of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (as the case may be) or section 60 of the Mobile Homes (Wales) Act 2013 .

(6) Nothing in any enactment conferring specific powers on a residential property tribunal is to be regarded as affecting the operation of the preceding provisions of this section.

(7) Schedule 13 (residential property tribunals: procedure) has effect.

(8) Section 229(5) applies also for the purposes of this section and Schedule 13.

Appeals from residential property tribunals

231

(1) A party to proceedings before a residential property tribunal may appeal to the Upper Tribunal from a decision of the residential property tribunal.

(2) But the appeal may only be made with the permission of the residential property tribunal or the Upper Tribunal.

(3) On the appeal—

(a) the Upper Tribunal may exercise any power which was available to the residential property tribunal, and

(b) a decision of the Upper Tribunal may be enforced in the same way as a decision of the residential property tribunal.

(4) Section 65A of the Rent Act 1977 (right of appeal from a rent assessment committee in Wales) does not apply to a decision of a residential property tribunal).

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

Register of licences and management orders

232

(1) Every local housing authority must establish and maintain a register of—

(a) all licences granted by them under Part 2 or 3 which are in force;

(b) all temporary exemption notices served by them under section 62 or section 86 which are in force; and

(2) The register may, subject to any requirements that may be prescribed, be in such form as the authority consider appropriate.

(3) Each entry in the register is to contain such particulars as may be prescribed.

(4) The authority must ensure that the contents of the register are available at the authority’s head office for inspection by members of the public at all reasonable times.

(5) If requested by a person to do so and subject to payment of such reasonable fee (if any) as the authority may determine, a local housing authority must supply the person with a copy (certified to be true) of the register or of an extract from it.

(6) A copy so certified is prima facie evidence of the matters mentioned in it.

(7) In this section “prescribed” means prescribed by regulations made by the appropriate national authority.

Codes of practice and management regulations relating to HMOs etc.

Approval of codes of practice with regard to the management of HMOs etc.

233

(1) The appropriate national authority may by order—

(a) approve a code of practice (whether prepared by that authority or another person) laying down standards of conduct and practice to be followed with regard to the management of houses in multiple occupation or of excepted accommodation;

(b) approve a modification of such a code; or

(2) Before approving a code of practice or a modification of a code of practice under this section the appropriate national authority must take reasonable steps to consult—

(a) persons involved in the management of houses in multiple occupation or (as the case may be) excepted accommodation of the kind in question and persons occupying such houses or accommodation, or

(b) persons whom the authority considers to represent the interests of those persons.

(3) The appropriate national authority may only approve a code of practice or a modification of a code if satisfied that—

(a) the code or modification has been published (whether by the authority or by another person) in a manner that the authority considers appropriate for the purpose of bringing the code or modification to the attention of those likely to be affected by it; or

(b) arrangements have been made for the code or modification to be so published.

(4) The appropriate national authority may approve a code of practice which makes different provision in relation to different cases or descriptions of case (including different provision for different areas).

(5) A failure to comply with a code of practice for the time being approved under this section does not of itself make a person liable to any civil or criminal proceedings.

(6) In this section “excepted accommodation” means such description of living accommodation falling within any provision of Schedule 14 (buildings which are not HMOs for purposes of provisions other than Part 1) as is specified in an order under subsection (1).

Management regulations in respect of HMOs

234

(1) The appropriate national authority may by regulations make provision for the purpose of ensuring that, in respect of every house in multiple occupation of a description specified in the regulations—

(a) there are in place satisfactory management arrangements; and

(b) satisfactory standards of management are observed.

(2) The regulations may, in particular—

(a) impose duties on the person managing a house in respect of the repair, maintenance, cleanliness and good order of the house and facilities and equipment in it;

(b) impose duties on persons occupying a house for the purpose of ensuring that the person managing the house can effectively carry out any duty imposed on him by the regulations.

(3) A person commits an offence if he fails to comply with a regulation under this section.

(4) In proceedings against a person for an offence under subsection (3) it is a defence that he had a reasonable excuse for not complying with the regulation.

(5) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

(7) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

Information provisions

Power to require documents to be produced

235

(1) A person authorised in writing by a local housing authority may exercise the power conferred by subsection (2) in relation to documents reasonably required by the authority—

(a) for any purpose connected with the exercise of any of the authority’s functions under any of Parts 1 to 4 in relation to any premises,

(aa) for any purpose connected with the exercise of any of the authority’s functions under this Part in relation to any qualifying residential premises within the meaning given by section 2B, or

(b) for the purpose of investigating whether any offence has been committed under any of Parts 1 to 4 in relation to any premises or under this Part in relation to any qualifying residential premises within the meaning given by section 2B.

(2) A person so authorised may give a notice to a relevant person requiring him—

(a) to produce any documents which—

(i) are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and

(ii) are in his custody or under his control, and

(b) to produce them at a time and place so specified and to a person so specified.

(3) The notice must include information about the possible consequences of not complying with the notice.

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Housing Act 2004

Chapter 2 — Disposals attracting discounts other than under right to buy

Disposals by local authorities

Repayment of discount: periods and amounts applicable

195

Repayment of discount: increase attributable to home improvements to be disregarded

196

Local authority’s right of first refusal

197

Deferred resale agreements

198

Disposals by registered social landlords

Repayment of discount: periods and amounts payable

199

Registered social landlord’s right of first refusal

200

Deferred resale agreements

201

Right of assured tenant to acquire dwelling not affected by collective enfranchisement

202

Disposals by housing action trusts

Repayment of discount: periods and amounts payable

203

Housing action trust’s right of first refusal

204

Deferred resale agreements

205

Chapter 3 — Mobile Homes

Site agreements

Particulars of site agreements to be given in advance

206

Implied terms relating to termination of agreements or disposal of mobile homes

207

Power to amend terms implied in site agreements

208

Protection from eviction etc.

Protected sites to include sites for gypsies

209

Extension of protection from harassment for occupiers of mobile homes

210

Suspension of eviction orders

211

Chapter 4 — Tenancy deposit schemes

Tenancy deposit schemes

212

Requirements relating to tenancy deposits

213

Proceedings relating to tenancy deposits

214

Sanctions for non-compliance

215

Chapter 5 — Miscellaneous

Overcrowding

Overcrowding

216

Energy efficiency

Energy efficiency of residential accommodation: England

217

Registered social landlords

Amendments relating to registered social landlords

218

Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998

219

Other provisions relating to social housing

Additional power to give grants for social housing

220

Extension of right to acquire

221

Rights of pre-emption in connection with assured tenancies

222

Allocation of housing accommodation by local authorities

223

Disabled facilities grant

Disabled facilities grant: caravans

224

Accommodation needs of gypsies and travellers

Duties of local housing authorities: accommodation needs of gypsies and travellers

225

Guidance in relation to section 225

226