Housing Act 1980

• (10) In this section—

• " expenditure " includes loan charges;

• " housing stock " means any house or other property within a local authority's Housing Revenue Account;

• " local authority " means the council of a district or London borough, the Greater London Council, the Common Council of the City of London or the Council of the Isles of Stilly.

Service charges

Service charges

136

• (1) Schedule 19 to this Act shall have effect, in place of sections 90 to 91A of the 1972 Act, in relation to periods ending after the commencement of this section, but subject to subsection (2) below.

• (2) In relation to works begun earlier than six months after the commencement of this section—

• (a) paragraphs 2 to 6 of Schedule 19 shall not apply, and

• (b) sections 90 to 91A shall continue to apply.

Miscellaneous

Avoidance of certain unauthorised disposals

137

• (1) If—

• (a) at any time after 18th July 1980 a local authority or a housing association has disposed of a house, and

• (b) the disposal was one which, under section 104 of the 1957 Act or section 2 of the 1974 Act, required the consent of the Secretary of State or of the Housing Corporation (or would have required it had the relevant provisions been in force) but was made without that consent;

then, unless the disposal was to an individual (or to two or more individuals) and did not extend to any other house, it shall be void (and, if made before the passing of this Act, be deemed always to have been void) and section 128(2) of the Local Government Act 1972 or, as the case may be, subsection (5A) (inserted by section 123(6) of this Act) of section 2 of the 1974 Act (protection of purchasers) shall not apply.

• (2) In this section " house " includes a flat and " the relevant provisions " means Part I and sections 91 and 123 of this Act.

Displacement of residential occupiers by housing authority

138

In section 42(1) of the Land Compensation Act 1973 (which requires an authority acquiring or redeveloping land to indemnify another authority against the cost of rehousing a person displaced by the acquisition or redevelopment but only if the displacing authority is not an authority having functions under Part V of the 1957 Act) after the words “ Housing Act 1957” (in paragraph (b)) there are inserted the words “ or (if they are such an authority) the land is acquired or redeveloped by them otherwise than in the discharge of those functions”.

Housing co-operatives

139

Exclusion of shared ownership tenancies from Leasehold Reform Act 1967

140

Amendments of Leasehold Reform Act 1967 etc.

141

Sections 1, . . . 9, 16, 23, and 29 of, and Schedules 1 and 3 to, the Leasehold Reform Act 1967 and Schedule 8 to the 1974 Act are amended as shown in Schedule 21 to this Act.

Leasehold valuation tribunals

142

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

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

• (3) ... The 1967 Act is amended in accordance with Schedule 22 to this Act.

Apportionment of rents

143

• (1) Section 20(1) of the Landlord and Tenant Act 1927 (apportionment of certain rents and other payments) has effect as respects applications for apportionment made under that section after the passing of this Act with the substitution in the proviso of “£5” for “two pounds”.

• (2) The Secretary of State may by order vary the amount there mentioned.

• (3) After section 20(1) of the said Act there is inserted the following subsection—

(1A) An order of apportionment under sections 10 to 14 of the said Act of 1854 may provide for the amount apportioned to any part of the land in respect of which the rent or payment is payable to be nil.

Landlord's failure to disclose identity or give notice of assignment: increased penalties

144

Houses in multiple occupation: revised penalties for certain offences

145

Houses in multiple occupation: overcrowding

146

• (1) For section 90 of the 1957 Act (overcrowding in houses let in lodgings) there is substituted the following section—

(90) (1) If it appears to a local authority, in the case of a house within their district which is occupied by persons who do not form a single household, that an excessive number of persons is being or is likely to be accommodated on the premises having regard to the rooms available, the local authority may serve on the occupier of the premises or on any person having the control and management thereof, or on both, a notice under this subsection (an " overcrowding notice ") complying with subsections (2) and (3) below and including either— (a) the requirement set out in subsection (4); or (b) that set out in subsection (5). (2) An overcrowding notice shall state, in relation to every room on the premises, what is in the authority's opinion the maximum number of persons by whom it is suitable to be occupied as sleeping accommodation at any one time or, as the case may be, that it is in their opinion unsuitable to be occupied as sleeping accommodation. (3) An overcrowding notice may, in relation to any room, prescribe special maxima applicable in any case where some or all of the persons occupying the room are under such age as may be specified in the notice. (4) The requirement referred to in subsection (1)(a) is that the person on whom the overcrowding notice is served must refrain from— (a) knowingly permitting any room to be occupied as sleeping accommodation otherwise than in accordance with the overcrowding notice; or (b) knowingly permitting such number of persons to occupy the premises as sleeping accommodation that it is not possible, without— (i) one or more rooms to which the overcrowding notice relates being occupied as sleeping accommodation otherwise than in accordance with that notice ; or (ii) any part of the premises which is not a room being occupied as sleeping accommodation; to avoid persons of opposite sexes and over the age of 12 years (other than persons living together as husband and wife) occupying sleeping accommodation in the same room. (5) The requirement referred to in subsection (1)(b) is that the person on whom the overcrowding notice is served must refrain from— (a) knowingly permitting any room to be occupied by a new resident as sleeping accommodation otherwise than in accordance with the overcrowding notice ; or (b) knowingly permitting a new resident to occupy any part of the premises as sleeping accommodation if it is not possible, without— (i) one or more rooms to which the overcrowding notice relates being occupied as sleeping accommodation otherwise than in accordance with that notice ; or (ii) any part of the premises which is not a room being occupied as sleeping accommodation; both to permit the new resident to so occupy any part of the premises and avoid persons of opposite sexes and over the age of 12 years (other than persons living together as husband and wife) occupying sleeping accommodation in the same room. (6) In subsection (5) above " new resident" means a person who was not, immediately before the date on which the overcrowding notice was served, living in the house. (7) Where a local authority have served an overcrowding notice on any person and that notice includes the requirement referred to in subsection (5) above, the local authority may, at any time, withdraw that overcrowding notice and serve on that person, in its place, an overcrowding notice which includes the requirement referred to in subsection (4) above. (8) Not less than seven days before serving an overcrowding notice, the local authority shall— (a) in writing inform the occupier of the premises and any person appearing to them to have the control and management thereof of their intention to serve the notice, and (b) ensure, so far as is reasonably possible, that every person living in the house is informed of that intention; and shall afford to any such person an opportunity of making representations regarding their proposal to serve the notice. (9) The local authority may from time to time serve on the occupier of premises in respect of which an overcrowding notice is in force, a notice requiring him to furnish them within 7 days with a statement in writing giving all or any of the following particulars, that is to say— (a) the number of individuals who are, on a date specified in the notice, occupying any part of the premises as sleeping accommodation ; (b) the number of families or households to which those individuals belong ; (c) the names of those individuals and of the heads of each of those families or households ; and (d) the rooms used by those individuals and families or households respectively. (10) Any person aggrieved by an overcrowding notice may, within twenty-one days after the date of service of the notice, appeal to the county court and— (a) on any such appeal the court may make such order confirming, quashing or varying the notice as it thinks fit; and (b) sections 37 and 38 of this Act shall apply in relation to an appeal under this section as they apply in relation to an appeal to the county court under Part II of this Act. (11) A local authority may at any time, on the application of any person having an estate or interest in the house, revoke an overcrowding notice or vary it so as to allow more people to be accommodated in the house. (12) If a local authority refuse an application under subsection (11) above, or do not within 35 days from the making of such an aplication, or within such further period as the applicant may in writing allow, notify the applicant of their decision on the application, the applicant may appeal to the county court, and on the appeal the court shall have power to revoke the notice or vary it in any manner in which it might have been varied by the local authority. (13) Any person who contravenes an overcrowding notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500. (14) Any person who knowingly fails to comply with the requirements of a notice under subsection (9) above, or furnishes a statement which he knows is false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

• (2) Nothing in this section shall affect the < operation of the 1957 Act, as it had effect immediately before the commencement of this section, in relation to any notice served under section 90 before that date.

Houses in multiple occupation: means of escape from fire

147

• (1) Schedule 24 shall have effect in place of section 16 of the Housing Act 1961 and section 60 of the 1969 Act except in relation to notices served, undertakings accepted or orders made before the commencement of this section.

• (2) In relation to a breach after the commencement of this section of an undertaking accepted under section 60 of the 1969 Act subsection (3) of that section (fine on summary conviction) shall have effect as if for " £20 " there were substituted " £50 ".

• (3) The amendments and repeals made by this Act (except subsection (2) above) shall not affect the operation of any enactment in relation to any notice served, undertaking given or order made under the provisions replaced by this section.

Rent assessment panels: pensions for presidents and vicepresidents

148

In Schedule 10 to the 1977 Act (rent assessment committees) the following paragraph is inserted after paragraph 7—

(7A) The Secretary of State may, with the consent of the Minister for the Civil Service, provide for the payment of pensions, allowances or gratuities to or in respect of any person nominated to act as president or vice-president of a panel.

Power of local authority to require repair of houses

149

Supplemental

Interpretation

150

In this Act—

• “protected tenant” and “statutory tenant” have the same meanings as in the 1977 Act;

• “secure tenant” means the tenant under a secure tenancy and “secure tenancy” has the meaning given by section 28;

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

• “the 1977 Act” means the Rent Act 1977.

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

Regulations and orders

151

• (1) Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument subject, except in the case of regulations under section 22(1), 33(2), 52(3), 56(7) or paragraph 11 of Schedule 3 or an order under section 52(4), 60 or 153 to annulment in pursuance of a resolution of either House of Parliament.

• (2) No order under section 52(4) or 60 shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.

• (3) Any order or regulation under this Act may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

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

Amendments, savings, transitional provisions and repeals

152

• (1) The enactments mentioned in Part I of Schedule 25 to this Act shall have effect subject to the amendments specified in that Schedule.

• (2) The savings and transitional provisions in Part II of that Schedule shall have effect.

• (3) The enactments specified in the first column of Schedule 26 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Commencement

153

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

• (3) Sections 140, 150, 151, 152(2) and 153 to 155 shall come into operation on the passing of this Act.

• (4) The remaining provisions of this Act shall come into operation on such day as the Secretary of State may by order appoint; and—

• (a) different days may be appointed for different provisions; and

• (b) any provision may be brought into force on different days for England, Wales and Scotland.

Expenses and receipts

154

• (1) There shall be paid out of moneys provided by Parliament the administrative expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other enactment.

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

Short title and extent

155

• (1) This Act may be cited as the Housing Act 1980.

• (2) Sections 114 to 116, 120 to 122(1), 123 to 133, 144, 151 to 153 of this Act, this section, Schedule 14, Part II of Schedule 16, paragraphs 1 to 3 of Schedule 17, Schedule 18, paragraphs 11 to 13, 24, 25 and 70 of Schedule 25 and the associated repeals in Schedule 26 extend to Scotland; but this Act does not otherwise so extend.

• (3) sections 111(8) 152(1), 153, this section and paragraphs 11, 12, 18 and 19 of Part I of Schedule 25 extend to Northern Ireland; but this Act does not otherwise so extend.

SCHEDULES 1—4A

PART I — Circumstances in which Right does not Arise

1

The landlord is a local authority and the dwelling-house is held by it otherwise than under Part V of the 1957 Act.

2

The landlord is a development corporation, the Commission for the New Towns or the Development Board for Rural Wales and—

• (a) the dwelling-house is held by it for purposes not corresponding to those for which dwelling-houses are held by local authorities under Part V of the 1957 Act; and

• (b) the landlord, or on appeal the Secretary of State, is of opinion that the right to buy ought not to be capable of being exercised with respect to the dwelling-house.

3

The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by physically disabled persons.

4

The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons of pensionable age and a social service or special facilities are provided in close proximity to the group of dwelling-houses for the only or main purpose of assisting those persons.

5

The landlord has, within six weeks of the service on it of a notice claiming to exercise the right to buy the dwelling-house, applied to the Secretary of State for a determination under this paragraph, and the Secretary of State has determined that the right to buy is not to be capable of being exercised with respect to the dwelling-house ; and he shall so determine if satisfied—

• (a) that the dwelling-house is designed or specially adapted for occupation by persons of pensionable age ; and

• (b) that it is the practice of the landlord to let it only for occupation by such persons.

PART II — Circumstances in which Right Cannot be Exercised

1

The tenant is obliged to give up possession of the dwelling-house in pursuance of an order of the court, or will be so obliged at a date specified in such an order.

2

A bankruptcy petition is pending or a receiving order is in force against the person or one of the persons to whom the right to buy belongs or he is an undischarged bankrupt or has made a composition or arrangement with his creditors the terms of which remain to be fulfilled.

SCHEDULE 2

PART I — Common Provisions

Rights to be conveyed or granted—general

1

The conveyance or grant shall not exclude or restrict the general words implied under section 62 of the Law of Property Act 1925, unless the tenant consents or the exclusion or restriction is made for the purpose of preserving or recognising any existing interest of the landlord in tenant's incumbrances or any existing right or interest of any other person.

Rights of support, passage of water, etc.

2

• (1) The conveyance or grant shall, by virtue of this Schedule, have the effect stated in sub-paragraph (2) below as regards—

• (a) rights of support for any building or part of a building;

• (b) rights to the access of light and air to any building or part of a building;

• (c) rights to the passage of water or of gas or other piped fuel, or to the drainage or disposal of water, sewage, smoke or fumes, or to the use or maintenance of pipes or other installations for such passage, drainage or disposal;

• (d) rights to the use or maintenance of cables or other installations for the supply of electricity, for the telephone or for the receipt directly or by landline of visual or other wireless transmissions.

• (2) The effect is—

• (a) to grant with the dwelling-house all such easements and rights over other property, so far as the landlord is capable of granting them, as are necessary to secure to the tenant as nearly as may be the same rights as at the relevant time were available to him under or by virtue of the secure tenancy or any agreement collateral to it, or under or by virtue of any grant, reservation or agreement made on the severance of the dwelling-house from other property then comprised in the same tenancy ; and

• (b) to make the dwelling-house subject to all such easements and rights for the benefit of other property as are capable of existing in law and are necessary to secure to the person interested in the other property as nearly as may be the same rights as at the relevant time were available against the tenant under or by virtue of the secure tenancy or any agreement collateral to it, or under or by virtue of any grant, reservation or agreement made as mentioned in paragraph (a) above.

• (3) This paragraph—

• (a) does not restrict any wider operation which the conveyance or grant may have apart from this paragraph; but

• (b) is subject to any provision to the contrary that may be included in the conveyance or grant with the consent of the tenant.

Rights of way

3

The conveyance or grant shall include—

• (a) such provisions (if any) as the tenant may require for the purpose of securing to him rights of way over land not comprised in the dwelling-house, so far as the landlord is capable of granting them, being rights of way that are necessary for the reasonable enjoyment of the dwelling-house ; and

• (b) such provisions (if any) as the landlord may require for the purpose of making the dwelling-house subject to rights of way necessary for the reasonable enjoyment of other property, being property in which at the relevant time the landlord has an interest, or to rights of way granted or agreed to be granted before the relevant time by the landlord or by the person then entitled to the reversion on the tenancy.

Covenants and conditions

4

The conveyance or grant shall include such provisions (if any) as the landlord may require to secure that the tenant is bound by, or to indemnify the landlord against breaches of, restrictive covenants (that is to say covenants or agreements restrictive of the use of any land or premises) which affect the dwelling-house otherwise than by virtue of the secure tenancy or any agreement collateral to it and are enforceable for the benefit of other property.

5

Subject to Parts II and III below, the conveyance or grant may include such covenants and conditions as are reasonable in the circumstances.

Meaning of " incumbrances ", " tenant's incumbrances " and " relevant time "

6

In this Schedule—

• (a) " incumbrances" includes personal liabilities attaching in respect of the ownership of land or of an interest in land though not charged on the land or interest;

• (b) "tenant's incumbrance" means any incumbrance on the secure tenancy which is also an incumbrance on the reversion, and any interest derived directly or indirectly out of the secure tenancy ; and

• (c) " the relevant time " means, in all cases, the date on which the tenant's notice claiming to exercise the right to buy is served.

PART II — Conveyance of Freehold

General

7

The conveyance shall not exclude or restrict the all estate clause implied under section 63 of the Law of Property Act 1925, unless the tenant consents or the exclusion or restriction is made for the purpose of preserving or recognising any existing interest of the landlord in tenant's incumbrances or any existing right or interest of any other person.

8

The conveyance shall be of an estate in fee simple absolute subject to—

• (a) tenant's incumbrances; and

• (b) the burdens specified in paragraph 9 below ;

but otherwise free of incumbrances.

9

The burdens referred to in paragraph 8 above are burdens in respect of the upkeep or regulation for the benefit of any locality of any land, building, structure, works, ways or watercourse.

Covenants

10

The conveyance shall be expressed to be made by the landlord as beneficial owner (thereby implying the covenant set out in Part I of Schedule 2 to the Law of Property Act 1925).

PART III — Leases

General

11

• (1) The lease shall be for a term of not less than 125 years at a rent not exceeding £10 per annum, and the following provisions shall have effect with respect to the other terms of the lease but subject to sub-paragraph (2) below.

• (2) If a building contains two or more dwelling-houses and the landlord has, since the passing of this Act, granted a lease of one of them for a term of not less than 125 years, any lease granted in pursuance of this Chapter of the other or one of the others may be for a term expiring at the end of that term and, if it is for such a term, the assumption stated in section 6(4)(a) shall be modified accordingly.

Common use of premises and facilities

12

Where the tenant enjoyed, during the secure tenancy, the use, in common with others, of any premises, facilities or services, the lease shall include rights to the like enjoyment, so far as the landlord is capable of granting them, unless otherwise agreed between the landlord and the tenant.

Covenants by landlord

13

• (1) There shall be implied, by virtue of this Schedule, covenants by the landlord—

• (a) to keep in repair the structure and exterior of the dwelling-house and of the building in which it is situated (including drains, gutters and external pipes) and to make good any defect affecting that structure ;

• (b) to keep in repair any other property over or in respect of which the tenant has any rights by virtue of this Schedule;

• (c) to ensure, so far as practicable, that any services which are to be provided by the landlord and to which the tenant is entitled (whether by himself or in common with others) are maintained at a reasonable level and to keep in repair any installation connected with the provision of those services.

• (2) The covenant to keep in repair implied by virtue of subparagraph (1)(a) above includes a requirement that the landlord shall rebuild or re-instate the dwelling-house and the building in which it is situated in the case of destruction or damage by fire, tempest, flood or any other cause against the risk of which it is normal practice to insure.

• (3) The county court may, by order made with the consent of the parties, authorise the inclusion in the lease or in any agreement collateral to it, of provisions excluding or modifying the obligations of the landlord under the covenants implied by this paragraph, if it appears to the court that it is reasonable to do so.

Covenant by tenant

14

Unless otherwise agreed between the landlord and the tenant there shall be implied, by virtue of this Schedule, a covenant by the tenant to keep the interior of the dwelling-house in good repair (including decorative repair).

Avoidance of certain agreements

15

Any provision of the lease or of any agreement collateral to it shall be void in so far as it purports—

• (a) to prohibit or restrict the assignment of the lease or the subletting, wholly or in part, of the dwelling-house; or

• (b) to enable the landlord to recover from the tenant any part of the costs incurred by the landlord in discharging or insuring against his obligations under paragraph 13(1)(a) or 13(1)(b) above, or

• (c) to authorise any forfeiture or impose on the tenant any penalty or disability in the event of his enforcing or relying on the preceding provisions of this Schedule ;

but subject to section 19 of this Act and paragraph 16 below.

16

A provision is not void by virtue of paragraph 15 above in so far as it requires the tenant to bear a reasonable part of the costs of carrying out repairs not amounting to the making good of structural defects or of the costs of making good any structural defects falling within paragraph 17 below or of insuring against risks involving such repairs or the making good of such defects.

17

A structural defect falls within this paragraph if—

• (a) the landlord has notified the tenant of its existence before the lease was granted ; or

• (b) the landlord does not become aware of it earlier than 10 years after the lease is granted.

PART IV — Charges on Freehold

18

Where there is a charge (however created or arising) on the freehold which is not a tenant's incumbrance, then—

• (a) if it is not a rentcharge, the conveyance of the freehold in pursuance of the right to buy shall be effective to release the freehold from the charge, but the release shall not affect the personal liability of the landlord or any other person in respect of any obligation which the charge was created to secure ; and

• (b) whether or not it is a rentcharge, the charge shall not affect a lease granted in pursuance of the right to buy.

19

• (1) Where the freehold is subject to a rentcharge which does not affect other land the conveyance shall be made subject to the rent-charge.

• (2) Where the freehold is subject to a rentcharge which also affects other land the conveyance shall be made subject to the rentcharge but shall contain a covenant by the landlord to indemnify the tenant and his successors in title in respect of any liability arising under the rentcharge.

• (3) In a case falling within sub-paragraph (2) above the landlord shall, immediately after the conveyance and if the rentcharge is of a kind which may be redeemed under the Rentcharges Act 1977, take such steps as are necessary to redeem the rentcharge, so far as it affects land owned by the landlord (including land treated by subparagraph (4) below as so owned).

• (4) For the purposes of the Rentcharges Act 1977 and of subparagraph (3) above any land which has been conveyed by the landlord in pursuance of the right to buy, but subject to the rentcharge, shall be treated as if it had not been so conveyed but had continued to be owned by the landlord.

20

In this Part of this Schedule " rentcharge " has the same meaning as in the Rentcharges Act 1977 ; and for the purposes of paragraph 19 above land is owned by a person if he is the owner of the land within the meaning of section 13(1) of that Act.

SCHEDULE 3

Long leases

1

• (1) A tenancy is not a secure tenancy if it is a long tenancy.

• (2) For the purposes of this paragraph a long tenancy is a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, and —

• (a) includes a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, unless it is a tenancy by sub-demise from one which is not a long tenancy; but

• (b) does not include a tenancy granted so as to become terminable by notice after a death, unless it is a shared ownership tenancy.

• (3) For the purposes of this paragraph a tenancy is a " shared ownership tenancy " if—

• (a) it is granted by a housing association which, at the time of the grant, is registered under section 13 of the 1974 Act;

• (b) it is granted at a premium which is calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it; and

• (c) at the time it is granted it complies with the requirements of the regulations then in force under section 14G(4)(6) of this Act or, in the case of a tenancy granted before any such regulations have been brought into force, it complies with the first such regulations to be in force.

Premises occupied under contract of employment

2

• (1) A tenancy is not a secure tenancy if the tenant is an employee of the landlord or, if not such an employee, is an employee of—

• (a) a local authority ;

• (b) a development corporation ;

• (c) the Commission for the New Towns ;

• (d) a county council; or

• (e) the Development Board for Rural Wales ;

and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties.

• (2) In this paragraph " contract of employment" means a contract of service or of apprenticeship, whether express or implied and (if express) whether oral or in writing.

Social service and educational premises

3

A tenancy is not a secure tenancy if the tenant is an employee of the landlord and—

• (a) the terms of the tenancy provide for the tenancy to terminate on the tenant ceasing to be employed by the landlord;

• (b) the dwelling-house is held by the landlord for the purpose of any of its functions under the Education Act 1944 or under any of the enactments specified in Schedule 1 to the Local Authority Social Services Act 1970; and

• (c) the dwelling-house forms part of a building held for those purposes or is within the curtilage of such a building.

Land acquired for development

4

A tenancy is not a secure tenancy if the dwelling-house is on land which has been acquired for development (within the meaning of section 22 of the Town and Country Planning Act 1971) and the dwelling-house is used by the landlord, pending development of the land, as temporary housing accommodation.

Accommodation for homeless persons

5

A tenancy granted in pursuance of section 3(4), 4(3) or 5(6) of the Housing (Homeless Persons) Act 1977 is not a secure tenancy before the expiry of a period of twelve months beginning with the date on which the tenant has received the notification required by section 8(1) of that Act or, if he received a notification under section 8(5) of that Act, that notification, unless he has before the expiry of that period been notified by the landlord that the tenancy is to be regarded as a secure tenancy.

Temporary accommodation for persons seeking employment

6

A tenancy of a dwelling-house within any district or London borough which was granted to a person who was not immediately before the grant resident in the district or London borough is not a secure tenancy before the expiry of one year from the grant if—

• (a) it was granted to that person for the purpose—

• (i) of meeting his need for temporary accommodation within the district or London borough in order to work there; and

• (ii) of enabling him to find permanent accommodation there ; and

• (b) before the grant of the tenancy—

• (i) the tenant obtained employment, or an offer of employment, within the district or London borough ; and

• (ii) the landlord notified the tenant in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception;

unless the tenant has before the expiry of that year been notified by the landlord that the tenancy is to be regarded as a secure tenancy.

Short-term arrangements

7

A tenancy is not a secure tenancy if—

• (a) the dwelling-house has been leased to the landlord with vacant possession for use as temporary housing accommodation ;

• (b) the terms on which it has been leased include provision for the lessor to obtain vacant possession from the landlord on the expiry of a specified period or when required by the lessor;

• (c) the lessor is not a body which is capable of granting secure tenancies; and

• (d) the landlord has no interest in the dwelling-house other than under the lease in question or as mortgagee.

Temporary accommodation during works

8

A tenancy is not a secure tenancy if—

• (a) the dwelling-house has been made available for occupation by the tenant or his predecessor in title while works are carried out on the dwelling-house which he previously occupied as his home ; and

• (b) the tenant (or his predecessor in title) was not a secure tenant of that other dwelling-house at the time when he ceased to occupy it as his home.

Agricultural holdings

9

A tenancy is not a secure tenancy if the dwelling-house is comprised in an agricultural holding (within the meaning of the Agricultural Holdings Act 1948) and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding.

Licensed premises

10

A tenancy is not a secure tenancy if the dwelling-house consists of or comprises premises licensed for the sale of intoxicating liquor for consumption on the premises.

Student lettings

11

A tenancy of a dwelling-house is not a secure tenancy before the expiry of the period of exemption if—

• (a) it was granted for the purpose of enabling the tenant to attend a designated course at an educational establishment; and

• (b) before the grant of the tenancy the landlord notified him in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception ;

unless the tenant has before the expiry of that period been notified by the landlord that the tenancy is to be regarded as a secure tenancy.

1954 Act tenancies

12

A tenancy is not a secure tenancy if it is one to which Part II of the Landlord and Tenant Act 1954 applies.

Almshouses

13

A licence to occupy a dwelling-house is not a secure tenancy if—

• (a) the licence was granted by an almshouse charity ; and

• (b) any sum payable by the licensee under the licence does not exceed the maximum contribution that the Charity Commissioners have from time to time authorised or approved for the almshouse charity as a contribution towards the cost of maintaining its almshouses and essential services in them.

SCHEDULE 4

PART I — Grounds on Which Court May Order Possession

PART II — Suitability of Accommodation

1

• (1) For the purposes of this Part of this Act, accommodation is suitable if it consists of premises—

• (a) which are to be let as a separate dwelling under a secure tenancy, or

• (b) which are to be let as a separate dwelling under a protected tenancy (other than one of a kind mentioned in subparagraph (2) below) within the meaning of the 1977 Act,

and, in the opinion of the court, the accommodation is reasonably suitable to the needs of the tenant and his family.

• (2) The kind of protected tenancy referred to in sub-paragraph (1) above is one under which the landlord might recover possession of the dwelling-house under one of the Cases in Part II of Schedule 15 to the 1977 Act (cases where court must order possession).

2

In detemining whether it is reasonably suitable to those needs regard shall be had to—

• (a) the nature of the accommodation which it is the practice of the landlord to allocate to persons with similar needs ;

• (b) the distance of the accommodation available from the place of work or education of the tenant and of any members of his family;

• (c) its distance from the home of any member of the tenant's family if proximity to it is essential to that member's or the tenant's well-being;

• (d) the needs (as regards extent of accommodation) and means of the tenant and his family ;

• (e) the terms on which the accommodation is available and the terms of the secure tenancy ;

• (f) if any furniture was provided by the landlord for use under the secure tenancy, whether furniture is to be provided for use in the other accommodation and, if it is, the nature of that furniture;

but where possession is sought on ground 7, accommodation otherwise reasonably suitable to the needs of the tenant and his family shall not be deemed not to be so by reason only that the permitted number of persons, computed under Schedule 6 to the 1957 Act in relation to the number and floor area of the rooms in it, is less than the number of persons living in the dwelling-house of which possession is sought.

3

Where the landlord is not a local authority for the purposes of Part V of the 1957 Act, a certificate of such an authority certifying that the authority will provide suitable accommodation for the tenant by a date specified in the certificate shall be conclusive evidence that suitable accommodation will be available for him by that date, if the dwelling-house of which possession is sought is situated in the district for supplying the needs of which the authority has power under that Part of that Act.

SCHEDULE 5

1

The exceptions and modifications referred to in section 58(1) and (2) of this Act are as follows.

2

Sections 23, 43 and 56 to 60B do not apply.

3

In relation to an assured tenancy the expression “the holding” (which is defined for the purposes of Part II in section 23(3) means the property comprised in the tenancy.

4

• (1) Section 30 applies as if—

• (a) for paragraph (d) in subsection (1) there were substituted the following paragraph—

“(d) that the landlord has offered and is willing to provide or secure the provision of suitable alternative accommodation for the tenant,”;

• (b) in subsection (2) for the words from “a tenancy” to the end there were substituted the words “an assured tenancy or successive assured tenancies”; and

• (c) at the end there were added the subsections set out in sub-paragraph (2) below.

• (2) The following are the subsections added to section 30 in its application to assured tenancies—

(4) Accommodation shall be deemed to be suitable if it consists of either— (a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy or on a protected or secure tenancy, or (b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to that afforded by this Part of this Act in the case of an assured tenancy, and, in the opinion of the court, the accommodation fulfils the conditions mentioned below. (5) The conditions are that the accommodation is reasonably suitable to— (a) the needs of the tenant and his family as regards proximity to place of work; (b) the means of the tenant; and (c) the needs of the tenant and his family as regards extent and character; and that if any furniture was provided for use under the assured tenancy in question, furniture is provide for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family. (6) Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the Housing Act 1957. (7) In this section— - “assured tenancy” has the same meaning as in section 56 of the Housing Act 1980; - “protected tenancy” means a protected tenancy within the meaning of the Rent Act 1977, other than one under which the landlord might recover possession of the dwelling-house under one of the Cases in Part II of Schedule 15 to that Act (cases where the court must order possession); and - “secure tenancy” has the same meaning as in section 28 of the Act of 1980.

.

5

Section 31A applies as if in subsection (1)(a) for the words “for the purposes of the business carried on by the tenant” there were substituted “as a residence for the tenant and his family”.

6

Section 34 applies as if in subsection (2)(b) for the words from “tenancies” to the end there were substituted the words “assured tenancies (within the meaning of section 56 of the Housing Act 1980); and”.

7

Section 37 applies as if for subsections (2) and (3) there were substituted the following subsection—

(2) The said amount shall be the product of the appropriate multiplier and the rateable value of the holding.

.

8

Section 38 applies as if the following provisions were omitted—

• (a) in subsection (1), the words “(except as provided by subsection (4) of this section)”;

• (b) in subsection (2), the words from the beginning to the end of paragraph (b);

• (c) subsections (3) and (4).

9

Section 63(7)(a) applies as if reference to section 23(3) of the Act of 1954 were a reference to paragraph 3 of this Schedule.

SCHEDULE 6

1

Schedule 11 to the 1977 Act (applications for registration of rent) is amended as follows.

2

For paragraphs 2 and 3 there are inserted the following paragraphs—

(2) (1) Where the application is made jointly by the landlord and the tenant and it appears to the rent officer, after making such inquiry, if any, as he thinks fit and considering any information supplied to him in pursuance of paragraph 1 above, that the rent specified in the application is a fair rent, he may register that rent without further proceedings. (2) Where the rent officer registers a rent under this paragraph he shall notify the landlord and the tenant accordingly. (3) (1) In the case of an application which does not fall within paragraph 2 above, the officer shall serve on the landlord and on the tenant a notice— (a) stating the rent specified in the application ; (b) stating any sum specified in the application in accordance with section 67(2)(b) of this Act ; and (c) inviting the person on whom the notice is served to state, within a period of not less than seven days after the service of the notice, whether he wishes the rent officer to consider, in consultation with the landlord and the tenant, what rent ought to be registered for the dwelling-house. (2) Where, in pursuance of section 67(2)(b), the application was accompanied by details of the landlord’s expenditure in connection with the provision of services, a notice under this paragraph shall be accompanied by a copy of those details. (3A) If, after service of a notice by the rent officer under paragraph 3 above, no request is made within the period specified in the notice for the rent to be considered as mentioned in paragraph 3(1)(c) above, the rent officer after considering what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, may— (a) determine a fair rent and register it as the rent for the dwelling-house ; or (b) confirm the rent for the time being registered and note the confirmation in the register ; or (c) serve a notice under paragraph 4(2) below.

3

For sub-paragraph (1) of paragraph 4 there is substituted the following sub-paragraph—

(1) Where, in response to a notice served by the rent officer under paragraph 3 above, the landlord or the tenant asks for the rent to be considered as mentioned in paragraph 3(1)(c), the rent officer shall serve a notice under this paragraph.

.

4

In sub-paragraph (2) of paragraph 4, for the word “ notice” there are inserted the words “ notice, or 14 days in a case falling within paragraph 3(1)(b) above”.

5

After sub-paragraph (3) of paragraph 4 there is inserted the following sub-paragraph—

(4) The rent officer may, where he considers it appropriate, arrange for consultations in respect of one dwelling-house to be held together with consultations in respect of one or more other dwelling-houses.

6

In paragraph 5, for the words “ and shall”, immediately after sub-paragraph (b), there is substituted—

(5A) Where a rent has been registered or confirmed by the rent officer under paragraph 3A or 5 above, he shall.

7

In paragraph 6(1) for “ 5” there is substituted “ 5A”.

Schedule 7

The following new Part is inserted at the end of Schedule 15 to the 1977 Act (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies)—

SCHEDULE 8

Part I

1

Where a tenancy granted before the commencement of section 73 of this Act becomes, or would but for its low rent become, a protected tenancy by virtue of that section, section 5 of the 1977 Act applies as if in relation to the dwelling-house the appropriate day were the commencement of that section.

2

In Part I of Schedule 15 to the 1977 Act the following is inserted after paragraph (b) of Case 6 :

(bb) the commencement of section 73 of the Housing Act 1980, in the case of a tenancy which became a regulated tenancy by virtue of that section.

3

In Part II of Schedule 15 to the 1977 Act any reference to the relevant date shall (notwithstanding paragraph 2 of Part III of that Schedule) be construed, in the case of a tenancy which becomes a regulated tenancy by virtue of section 73 of this Act as meaning the date falling six months after the passing of this Act.

4

• (1) Part II of Schedule 18 to the 1977 Act applies to a tenancy which becomes a regulated tenancy by virtue of section 73 of this Act (unless it is a tenancy falling within sub-paragraph (2) below).

• (2) Nothing in Part IX of the 1977 Act applies to the assignment, before the end of the year 1990, of a tenancy which falls within this sub-paragraph; and a tenancy falls within this sub-paragraph if it was granted for a term certain and its terms do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy, and either—

• (a) it was granted before the commencement of section 73 of this Act and became a regulated tenancy by virtue of that section; or

• (b) it is a regulated tenancy by virtue of that section and was granted to a person who, at the time of the grant, was the tenant of the premises comprised in it under a regulated tenancy which also fell within this sub-paragraph.

• (3) For the purposes of sub-paragraph (2) above the terms of a tenancy inhibit an assignment or underletting if they—

• (a) preclude it; or

• (b) permit it subject to a consent but exclude section 144 of the Law of Property Act 1925 (no payment in nature of fine); or

• (c) permit it subject to a consent but require in connection with a request for consent the making of an offer to surrender the tenancy.

Part II

5

Where the question whether a person is a qualifying worker for the purposes of the Rent (Agriculture) Act 1976 arises by virtue of section 73 of this Act, Part II of Schedule 3 to that Act applies as if the date of operation for forestry workers were the commencement of that section.

6

Where a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 arises at the commencement of section 73 of this Act, Cases VIII and X in Schedule 4 to that Act apply in relation to it as if the operative date were that commencement.

7

For the purpose of determining whether, at the commencement of section 73 of this Act, a person becomes a statutory tenant for the purposes of the Rent (Agriculture) Act 1976 and of applying that Act to him if he does, paragraph 3 of Schedule 9 to that Act applies as if the operative date were that commencement.

8

Paragraphs 6 and 7 above apply in relation to forestry workers as they apply in relation to other persons and paragraph 7 of Schedule 9 to the Rent (Agriculture) Act 1976 does not apply.

Part III

9

Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Part I of the Landlord and Tenant Act 1954, the Rent (Agriculture) Act 1976 or the 1977 Act, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

10

Where an interest belongs to the Duchy of Cornwall, then, for the purposes of Part I of the Landlord and Tenant Act 1954, the Rent (Agriculture) Act 1976 or the 1977 Act, the Secretary of the Duchy of Cornwall shall be deemed to be the owner of the interest.

SCHEDULE 9

1

Paragraphs 2 to 6 below apply to any tenancy which was a protected or statutory tenancy but which, by virtue of the landlord becoming a “housing trust” within the meaning of section 15 of the 1977 Act, has ceased to be such a tenancy.

2

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

3

Registration of a rent, or of a different rent, for the dwelling-house shall be effected in pursuance of section 87 of the 1977 Act; but until such time as a rent is so registered—

• (a) the rent recoverable under the tenancy; and

• (b) where a rent was registered for the dwelling-house under Part IV of the 1977 Act, the time at which an application for a different registered rent may be made;

shall be determined as if the tenancy had continued to be a regulated tenancy.

4

If the tenant was a successor within the meaning of Schedule 1 to the 1977 Act he shall not be treated as a successor for the purposes of Part IV of the Housing Act 1985 (secure tenancies).

5

Section 83 of the Housing Act 1985 (notice of proceedings for possession) does not apply in any case where proceedings for possession were begun before the tenancy ceased to be a protected or statutory tenancy; but in such a case the court shall allow the parties to take such steps in relation to the proceedings as it considers appropriate in consequence of the tenancy becoming a secure tenancy.

6

• (1) This paragraph applies in any case where—

• (a) the tenant died before the date on which the tenancy ceased to be a protected or statutory tenancy; and

• (b) there was then more than one member of his family entitled to succeed him as statutory tenant but no decision had, by that date, been reached as to which of them was to succeed.

• (2) In a case to which this paragraph applies, the person who is to be the secure tenant of the dwelling-house on the tenancy becoming a secure tenancy shall be selected by the landlord from among those mentioned in sub-paragraph (1)(b) above notwithstanding that the question may have been referred to the county court in accordance with paragraph 1(7) of Schedule 1 to the 1977 Act.

SCHEDULE 10

1

• (1) Section 86 of the 1977 Act is amended as follows.

• (2) In subsection (2) after the word “ tenancy”, where it first occurs, there are inserted the words “ (other than a co-ownership tenancy)”.

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

• (4) After subsection (3) there is inserted the following subsection—

(3A) For the purposes of this section a tenancy is a “ co-ownership tenancy” if— (a) it was granted by a housing association which falls within section 15(3)(d) of this Act ; and (b) the tenant (or his personal representatives) will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling house.

.

• (5) For subsection (4) there is substituted the following subsection—

(4) In this Part of this Act “ housing trust” has the same meaning as in section 15 of this Act.

.

2

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

3

Sections 90 (special rent limit where previous rent limit exceeds registered rent) and 91 (procedure on application to Secretary of State under section 90) of the 1977 Act are hereby repealed.

4

In section 92 (conversion of housing association tenancies into regulated tenancies) in subsection (1) the words “ in such form as may be prescribed” are hereby repealed.

5

• (1) Section 93 of the 1977 Act (increase of rent without notice to quit) is amended as follows.

• (2) In subsection (1), for the words from “ given by the landlord” to the end there are substituted the words “ specifying the date on which the increase is to take effect and given by the landlord to the tenant not later than four weeks before that date.”.

• (3) For subsection (2) there is substituted the following subsection—

(2) Where a notice of increase is given under subsection (1) above and the tenant, before the date specified in the notice of increase, gives a valid notice to quit, the notice of increase does not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.

• (4) Subsection (3) is hereby repealed.

• (5) This paragraph only applies to notices of increase given after the commencement of this paragraph.

SCHEDULE 11

PART I — Subsidies Payable Until 1980-81

PART II — Contributions Towards Costs of Improvement or Conversion

SCHEDULE 12

Consideration of application for grant

1

In section 57(3) (application not to be entertained unless certain conditions are complied with) for " entertain" substitute " approve ".

Withdrawal of application for grant and submission of new one

2

In section 57(6), omit the words " Except in so far as this Act otherwise provides " ; and after that subsection insert—

(6A) Subsection (6) does not apply if the relevant works have not been begun and either— (a) more than 2 years have elapsed since the date on which the previous application was approved ; or (b) the application is made with a view to taking advantage of orders under section 59 below.

Standard amenities

3

After section 58(2) insert—

(3) An order under subsection (2) above shall be subject to annulment in pursuance of a resolution of the House of Commons.

"Appropriate percentage" for determining amount, or maximum amount, of grant

4

For section 59 substitute—

(59) (1) In this Part of this Act "the appropriate percentage " (which is relevant for determining the amount or the maximum amount of grant) shall be a percentage ascertained from orders made by the Secretary of State with the consent of the Treasury and in force when the application for grant is approved. (2) Orders under this section shall operate with respect to applications for grant approved after such date as may be specified in the applicable order; but an order shall not be made unless a draft of it has been approved by resolution of the House of Commons, and shall not specify a date earlier than die date of the laying of the draft.

Certificates of future occupation

5

In section 60, substitute the following for subsections (3) and (4)—

(3) A " certificate of owner-occupation" is a certificate stating that the applicant for the grant intends that, on or before the first anniversary of the certified date and throughout the period of 4 years beginning on that first anniversary, the dwelling will be the only or main residence of, and will be occupied exclusively by, either— (a) the applicant himself and members of his household (if any); or (b) a person who is a member of the applicant's family, or a grandparent or grandchild of the applicant or his spouse, and members of that person's household (if any). (4) But in a case where application for grant is made by the personal representatives of a deceased person or by trustees, it is a certificate stating that the applicants are personal representatives or trustees and intend that, on or before the first anniversary of the certified date and throughout the period of 4 years beginning on that first anniversary, the dwelling will be the only or main residence of, and exclusively occupied by, either— (a) a beneficiary and members of his household (if any); or (b) a person related to a beneficiary by being a member of his family or a grandparent or grandchild of the beneficiary or his spouse, and members of that person's household (if any); and " beneficiary" means a person who, under the will or intestacy or, as the case may require, under the terms of the trust, is beneficially entitled to an interest in the dwelling or the proceeds of sale of it.

6

In section 60(5), add at the end—

(disregarding any part of that period in which neither of the above paragraphs applies but the dwelling is occupied by a person who is a protected occupier under the Rent (Agriculture) Act 1976).

.

Improvement grants

7

After section 62(4) insert—

(5) Subsections (1) and (2) above do not apply to dwellings in housing action areas. (6) Those subsections do not apply where the application for an improvement grant is made in respect of a dwelling for a disabled occupant and it appears to the local authority that the works are needed to meet a requirement arising from the particular disability from which the disabled occupant suffers.

8

Omit section 64(7).

Intermediate grants

9

For section 66 substitute—

(66) A local authority shall not approve an application for an intermediate grant unless— (a) they are satisfied that on completion of the relevant works the dwellings or, as the case may be each of the dwellings, to which the application relates will be fit for human habitation (to be determined in accordance with section 4 of the Housing Act 1957); or (b) it seems reasonable in all the circumstances to do so even though the dwelling or dwellings will not reach that standard on completion of the relevant works.

10

• (1) In section 67(2) omit paragraph (b) and the word " and " immediately preceding it.

• (2) For section 67(3) substitute—

(3) Where the relevant works specified in an application for an intermediate grant include works of repair or replacement which go beyond those needed, in the opinion of the local authority, to put the dwelling into reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated and the period during which it is likely to be available for use as a dwelling, the local authority may, with the consent of the applicant, treat the application as varied so that the relevant works— (a) are confined to works other than works of repair or replacement; or (b) include only such works of repair or replacement as (taken with the rest of the relevant works) will, in the opinion of the local authority, put the dwelling into reasonable repair, and may approve the application as so varied.

• (3) Omit section 67(4).

11

• (1) In section 68(3)(a) for " £800 or such other amount as may be prescribed " substitute " the relevant limit ".

• (2) In section 68, after subsection (3) insert—

(3A) The relevant limit for the purposes of subsection (3)(a) above is— (a) £2,000 or such other amount as may be prescribed in a case where either— (i) the dwelling will, in the opinion of the local authority, be put on completion of the relevant works into reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated and the period during which it is likely to be available for use as a dwelling ; or (ii) it appears to the local authority that the applicant could not without undue hardship finance the cost of the works necessary to put the dwelling into reasonable repair; (b) in any other case, the amount obtained by multiplying the number of standard amenities to be provided on completion of the relevant works by £200 or such other amount as may be prescribed, but subject to a maximum of £800 or such other amount as may be prescribed. (3B) An order under subsection (3A) above prescribing an amount shall be subject to annulment in pursuance of a resolution of the House of Commons.

.

Repairs grant

12

• (1) In section 71, for subsection (2) substitute—

(2) A local authority shall not in any case approve an application for a repairs grant unless— (a) they are satisfied that the relevant works are of a substantial and structural character ; or (b) the relevant works satisfy requirements prescribed (with the consent of the Treasury).

• (2) In section 71(3), omit paragraph (a) and after that subsection insert—

(3A) But an application for a repairs grant shall not be approved— (a) unless it is in respect of an old dwelling (within any meaning given to that expression by an order made by the Secretary of State); and (b) in the case of a dwelling situated elsewhere than in a housing action area where the application is accompanied by a certificate of owner-occupation, unless the rateable value (at the date of the application) is within limits specified by an order so made. (3B) Orders under subsection (3A)(b) require the consent of the Treasury.

13

After section 71 insert—

(71A) In so far as an application for a repairs grant relates to the execution of works required by a notice under section 9 of the Housing Act 1957 (a) section 60 above shall not apply ; and (b) the authority shall not refuse it if it is duly made and the authority are satisfied that the works are necessary for compliance with the notice.

14

• (1) After section 72(3), insert—

(3A) An order under this section prescribing an amount shall be subject to annulment in pursuance of a resolution of the House of Commons.

• (2) For section 72(4) substitute—

(4) The amount of a repairs grant— (a) so far as the grant is made in pursuance of section 71A above, shall be the appropriate percentage of the eligible expense ; and (b) otherwise shall be such as may be fixed by the local authority when they approve the application for the grant, but shall not exceed the appropriate percentage of the eligible expense. (4A) With the notification under subsection (1) above the local authority shall send to the applicant a notification of the amount of the grant.

• (3) In section 72(5), for " subsection (4)" substitute " subsection (4A) "

Special grants for houses in multiple occupation

15

In section 56(2) of the Act, for paragraph (c) substitute—

(c) a " special grant " in respect of works required for the improvement of a house in multiple occupation by the provision of (both or either)— (i) standard amenities, (ii) means of escape from fire.

.

16

• (1) In section 69, for subsection (2) substitute—

(2) An application for a special grant must state by how many households and individuals the house concerned is occupied and (as applicable)— (a) the standard amenities with which it is already provided ; (b) the means of escape from fire which are already available. (2A) Subject to section 69A, the application shall not be approved unless the local authority are satisfied that on completion of the relevant works the house will attain the relevant standard of repair. (2B) If, in the opinion of the authority, the relevant works are more extensive than is necessary for the purpose of securing that the house will attain that standard, the authority may (with the consent of the applicant) treat the application as varied so that the relevant works include only such works as seem to the local authority necessary for that purpose ; and they may then approve the application as so varied. (2C) For the purposes of this section a house shall be taken to attain the relevant standard of repair if it is in reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated.

.

• (2) In section 84, at the end of the definition of " the relevant standard " add

and (d) in relation to a special grant, the relevant standard referred to in section 69(2C) above.

17

After section 69 insert—

(69A) (1) In so far as an application for a special grant relates to the provision of standard amenities, the authority shall not refuse it if it is duly made and the authority are satisfied that the relevant works are necessary for compliance with so much of a notice under section 15 of the Housing Act 1961 as relates to standard amenities. (2) In so far as such an application relates to the provision of means of escape from fire, the authority shall not refuse it if it is duly made and the authority are satisfied that the relevant works are necessary for compliance with a notice under Schedule 24 to the Housing Act 1980.

18

• (1) For section 70 substitute—

(70) (1) Where a local authority approve an application for a special grant they shall determine the amounts of the expenses which they think proper to be incurred respectively for those of the relevant works which— (a) consist in providing standard amenities ; (b) relate to the provision of means of escape from fire ; and (c) consist of works of repair or replacement; and the authority shall notify the applicant of the amounts so determined by them. (2) If the applicant satisfies the local authority that the relevant works cannot be, or could not have been, carried out without additional works and that this could not have been reasonably foreseen at the time the application was made, the local authority may determine a higher amount under any of paragraphs (a) to (c) of subsection (1). (3) The amount of a special grant— (a) so far as the grant is made in pursuance of section 69A above, shall be the appropriate percentage of the eligible expense ascertained under section 70A below; and (b) otherwise shall be such as may be fixed by the local authority when they approve the application for the grant but shall not exceed the appropriate percentage of the eligible expense ascertained under section 70A below. (4) With the notification under subsection (1) above, the local authority shall send to the applicant a notification of the amount of the grant. (5) If, after the amount of a special grant has been notified, the local authority under subsection (2) determine a higher amount under any of the heads of subsection (1), the eligible expense shall be recalculated under section 70A; and if the amount of it is then greater than when the application for grant was approved, the amount of the grant shall be increased, and the applicant notified, accordingly.

.

• (2) In section 82(2) for " 70(3) " substitute " 70(2) ".

19

After section 70 insert—

(70A) (1) Except in a case or description of case in respect of which the Secretary of State approves a higher eligible expense, the eligible expense for the purposes of a special grant shall be the aggregate of the contributory elements specified in the following subsections. (2) As regards the provision of standard amenities, the contributory element is so much of the amount determined under section 70(1)(a) as does not exceed the aggregate of the amounts specified in the second column of Part I of Schedule 6 to this Act in relation to each of the standard amenities which are to be provided by the relevant works (so that, where the relevant works make provision for more than one standard amenity of the same description, a separate amount shall be aggregated for each of those amenities). (3) As regards the provision of means of escape from fire, the contributory element is so much of the amount determined under section 70(1)(b) as does not exceed £6,750 or such other amount as may be prescribed. (4) As regards works of repair or replacement, the contributory element is so much of the amount determined under section 70(1)(c) as does not exceed £2,000 or such other amount as may be prescribed. (5) An order under this section prescribing an amount shall be subject to annulment in pursuance of a resolution of the House of Commons.

Standard of improvement, repair, etc.

20

• (1) In section 61(3)(6) for " good repair " substitute " reasonable repair ".

• (2) In section 61 insert after subsection (4)—

(4A) A local authority may dispense, to the extent they think fit, with any of the conditions specified in paragraphs (a) to (c) of subsection (3) if they are satisfied that the applicant could not, without undue hardship, finance the cost of the works without the assistance of a grant.

• (3) In section 71(5) for "good repair" substitute " reasonable repair ".

Grant conditions

21