Legalize / United Kingdom / Public General Act

Housing Act 1985

Type Public General Act

Publication 1985-10-30

Last updated 2025-05-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART I — INTRODUCTORY PROVISIONS

Local housing authorities

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

1

In this Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London a Welsh county council or county borough councilor the Council of the Isles of Scilly.

2

(1) References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London the Welsh county or county borough,or the Isles of Scilly, as the case may be.

(2) References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.

Limits on amount of discount

3

(1) Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that—

(a) the building, or

(b) the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,

shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.

(2) Whilst the agreement is in force the enactments relating to housing have effect accordingly.

Other authorities and bodies

Effect of certain enforcement action under the Housing Act 2004

4

(1) In this Act—

(a) “housing authority” means a local housing authority or a new town corporation;

(b) “new town corporation” means a development corporation or the new towns residuary body;

(c) “development corporation” means a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981;

(d) “urban development corporation” means an urban development corporation established under Part XVI of the Local Government, Planning and Land Act 1980;

(e) “local authority” means a county, county borough, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly , in sections 43, 44 and 232 includes the Broads Authority, in sections 438, 441, 442, 443 and 458 includes the Broads Authority , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board, a combined authority, a combined county authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ... and the London Fire Commissioner, and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), . . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes . . . the Broads Authority, a police and crime commissioner Act 1996,. . . . . . . . . . . . , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board, a combined authority , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 , ... and the London Fire Commissioner;

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

(g) “ new towns residuary body ” means—

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

(ii) in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.

(2) In this section—

“ combined authority ” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

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

“ economic prosperity board ” means an economic prosperity board established under section 88 of that Act;

Index of defined expressions: Part XVIII.

5

(1) In this Act “housing association” means a society, body of trustees or company—

(a) which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b) which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

(2) In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a) restrict membership to persons who are tenants or prospective tenants of the association, and

(b) preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.

(3) In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

(4) In this Act “registered social landlord” means a housing association registered in the register maintained under section 1 of the Housing Act 1996, subject as follows.

(5) References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations).

Housing trusts.

6

In this Act “housing trust” means a corporation or body of persons which—

(a) is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b) is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

Supplementary provisions

Relevant disposals.

7

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

PART II — PROVISION OF HOUSING ACCOMMODATION

Main powers and duties of local housing authorities

Secure tenancies.

8

(1) Every local housing authority shall consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation.

(2) For that purpose the authority shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of the consideration of the housing conditions in their district under section 3 of the Housing Act 2004.

(3) In the case of a local housing authority in England, the duty under subsection (1) includes a duty to consider the needs of people residing in or resorting to their district with respect to the provision of—

(a) sites on which caravans can be stationed, or

(b) places on inland waterways where houseboats can be moored.

(4) In subsection (3)—

“caravan” has the meaning given by section 29 of the Caravan Sites and Control of Development Act 1960;

“houseboat” means a boat or similar structure designed or adapted for use as a place to live.

Right of first refusal for landlord etc.

9

(1) A local housing authority may provide housing accommodation—

(a) by erecting houses, or converting buildings into houses, on land acquired by them for the purposes of this Part, or

(b) by acquiring houses.

(2) The authority may alter, enlarge, repair or improve a house so erected, converted or acquired.

(3) These powers may equally be exercised in relation to land acquired for the purpose—

(a) of disposing of houses provided, or to be provided, on the land, or

(b) of disposing of the land to a person who intends to provide housing accommodation on it.

(4) A local housing authority may not under this Part provide a cottage with a garden of more than one acre.

(5) Nothing in this Act shall be taken to require (or to have at any time required) a local housing authority itself to acquire or hold any houses or other land for the purposes of this Part.

Provision of furnishings and fittings.

10

(1) A local housing authority may fit out, furnish and supply a house provided by them under this Part with all requisite furniture, fittings and conveniences.

(2) A local housing authority may sell, or supply under a hire-purchase agreement or a conditional sale agreement, furniture to the occupants of houses so provided, and may for that purpose buy furniture.

(3) In subsection (2) “conditional sale agreement” and “hire-purchase agreement” have the same meaning as in the Consumer Credit Act 1974.

11

(1) A local housing authority may provide in connection with the provisionof housing accommodation by them under this Part—

(a) facilities for obtaining meals and refreshments, and

(b) facilities for doing laundry and laundry services,

such as accord with the needs of the persons for whom the housing accommodation is provided.

(2) The authority may make reasonable charges for meals and refreshments provided by virtue of this section and for the use of laundry facilities or laundry services so provided.

(3) Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.

(4) A local housing authority in carrying on activities under this section is subject to all relevant enactments and rules of law, including enactments relating to the sale of intoxicating liquor “or the sale by retail of alcohol”, in the same manner as other persons carrying on such activities.

(5) An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.

Provision of shops, recreation grounds, etc.

12

(1) A local housing authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided by them under this Part—

(a) buildings adapted for use as shops,

(b) recreation grounds, and

(c) other buildings or land which, in the opinion of the Secretary of State, will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(2) The Secretary of State may, in giving his consent, by order apply, with any necessary modifications, any statutory provisions which would have been applicable if the land or buildings had been provided under any enactment giving a local authority powers for the purpose.

(3) The power conferred by subsection (1) may be exercised either by the local housing authority themselves or jointly with another person.

(4) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.

Provision of streets, roads and open spaces and development generally.

13

(1) A local housing authority may lay out and construct public streets or roads and open spaces on land acquired by them for the purposes of this Part.

(2) Where they dispose of land to a person who intends to provide housing accommodation on it, they may contribute towards the expenses of the development of the land and the laying out and construction of streets on it, subject to the condition that the streets are dedicated to the public.

Effect of initial demolition notice served before completion

14

(1) A local housing authority may, for supplying the needs of their district, exercise outside their district the powers conferred by sections 9 to 13 (provision of housing accommodation and related powers).

(2) A district council shall before doing so give notice of their intention—

(a) to the council of the county in which their district is situated, and

(b) if they propose to exercise the power outside that county but in England, to the council of the county in which they propose to exercise the power;

but failure to give notice does not invalidate the exercise of the power.

(2A) Where a Welsh county council or county borough council propose to exercise the power in England they shall before doing so give notice of their intention to the council of the county in which they propose to exercise the power, but failure to give notice does not invalidate the exercise of the power.

(3) Where housing operations under this Part are being carried out by a local housing authority outside their own district, the authority’s power to execute works necessary for the purposes of, or incidental to the carrying out of, the operations, is subject to entering into an agreement with the council of the county, county borough, London borough or district in which the operations are being carried out, as to the terms and conditions on which the works are to be executed.

(4) Where housing operations under this Part have been carried out by a local housing authority outside their own district, and for the purposes of the operations public streets or roads have been constructed and completed by the authority, the liability to maintain the streets or roads vests in the council which is the local highway authority for the area in which the operations were carried out unless that council are satisfied that the streets or roads have not been properly constructed.

(5) Where a local housing authority carry out housing operations outside their own district, any difference arising between that authority and any authority in whose area the operations are carried out may be referred by either authority to the Secretary of State whose decision shall be final and binding on them.

Powers of authorities in London

Additional powers of authorities in London.

15

(1) A London borough council may provide and maintain in connection with housing accommodation provided by them under this Part buildings or parts of buildings adapted for use for any commercial purpose.

(2) A local housing authority in Greater London may make arrangements for the rehousing of any person by another such authority; and the arrangements may include provision for the payment of contributions by the former authority to the latter.

(3) The council of an Inner London borough and the Common Council of the City of London may, for the purpose of facilitating the erection of houses in their district, suspend, alter or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets or the construction of sewers or of buildings intended for human habitation.

(4) The powers conferred by subsections (1) and (3) are exercisable only with the consent of the Secretary of State.

Exercise of powers outside Greater London.

16

Acquisition of land, etc.

Flexible tenancies

17

(1) A local housing authority may for the purposes of this Part—

(a) acquire land as a site for the erection of houses,

(b) acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings,

(c) acquire land proposed to be used for any purpose authorised by sections 11, 12 and 15(1) (facilities provided in connection with housing accommodation), and

(d) acquire land in order to carry out on it works for the purpose of, or connected with, the alteration, enlarging, repair or improvement of an adjoining house.

(2) The power conferred by subsection (1) includes power to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided.

(3) Land may be acquired by a local housing authority for the purposes of this Part by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.

(4) A local housing authority may, with the consent of, and subject to any conditions imposed by, the Secretary of State, acquire land for the purposes of this Part notwithstanding that the land is not immediately required for those purposes; but an authority shall not be so authorised to acquire land compulsorily unless it appears to the Secretary of State that the land is likely to be required for those purposes within ten years from the date on which he confirms the compulsory purchase order.

Information to help tenants decide whether to exercise right to buy etc.

18

(1) Where a local housing authority acquire a building which may be made suitable as a house, they shall forthwith proceed to secure that the building is so made suitable either by themselves executing any necessary works or by leasing it or selling it to some person subject to conditions for securing that he will so make it suitable.

(2) Where a local housing authority—

(a) acquire a house, or

(b) acquire a building which may be made suitable as a house and themselves carry out any necessary work as mentioned in subsection (1),

they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary works, secure that the house or building is used as housing accommodation.

Change of secure tenant after notice claiming right to buy.

19

(1) A local housing authority may appropriate for the purposes of this Part any land for the time being vested in them or at their disposal; and the authority have the same powers in relation to land so appropriated as they have in relation to land acquired by them for the purposes of this Part.

(2) Where a local housing authority have acquired or appropriated land for the purposes of this Part, they shall not, without the consent of the Secretary of State, appropriate any part of the land consisting of a house or part of a house for any other purpose.

(3) The Secretary of State’s consent may be given—

(a) either generally to all local housing authorities or to a particular authority or description of authority, and

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

and it may be given subject to conditions.

(4) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.

Housing management

Application of housing management provisions.

20

(1) The following provisions of this Part down to section 27BA (general provisions on housing management matters) apply in relation to all houses held by a local housing authority for housing purposes.

(2) References in those provisions to an authority’s houses shall be construed accordingly.

General powers of management.

21

(1) The general management, regulation and control of a local housing authority’s houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority.

(2) Subsection (1) has effect subject to section 27 (management agreements) and to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.

Allocation of housing.

22

Byelaws.

23

(1) A local housing authority may make byelaws for the management, use and regulation of their houses.

(2) A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway.

(3) A local housing authority shall as respects their lodging-houses by byelaws make sufficient provision for the following purposes—

(a) for securing that the lodging-houses are under the management and control of persons appointed or employed by them for the purpose,

(b) for securing the due separation at night of men and boys above eight years old from women and girls,

(c) for preventing damage, disturbance, interruption and indecent and offensive language and behaviour and nuisances, and

(d) for determining the duties of the persons appointed by them;

and a printed copy or a sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room in the lodging-houses.

(4) Byelaws made under this section by a local housing authority in England are to be read subject to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.

Change of landlord after notice claiming right.

24

(1) A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.

(2) The authority shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.

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

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

(5) In exercising their functions under this section, a local housing authority in England shall have regard in particular to any relevant standards set for them under section 193 of the Housing and Regeneration Act 2008.

(5A) See also Chapter 3 of Part 4 of the Housing and Planning Act 2016 (rents for high income social tenants in England).

(6) In exercising its functions under this section, a local housing authority in Wales must—

(a) comply with any standards relating to rent or service charges which are set for it under section 111 of the Housing (Wales) Act 2014, and

(b) have regard to any guidance relating to rent or service charges which is issued under section 112 of that Act.

Increase of rent where tenancy not secure.

25

(1) This section applies where a house is let by a local housing authority on a weekly or other periodic tenancy which is not a secure tenancy or an introductory tenancy or a dwelling (in Wales) is let by such an authority on a weekly or other periodic tenancy which is not an occupation contract.

(2) The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the authority to the tenant.

(3) The notice is not effective unless—

(a) it is given at least four weeks before the beginning of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made,

(b) it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so, and

(c) it gives him the dates by which, if in accordance with subsection (4) the increase is not to be effective, a notice to quit must be received by the authority and the tenancy be made to terminate.

(4) Where the notice is given for the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—

(a) the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy,

(b) the notice to quit is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase, and

(c) the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that period.

(5) In this section “rental period” means a period in respect of which a payment of rent falls to be made.

Financial assistance towards tenants' removal expenses.

26

(1) Where a tenant of one of the houses of a local authority moves to another house (whether or not that house is also one of theirs), the authority may—

(a) pay any expenses of the removal, and

(b) where the tenant is purchasing the house, pay any expenses incurred by him in connection with the purchase, other than the purchase price.

(2) If the house belongs to the same authority subsection (1)(b) only applies if the house has never been let and was built expressly with a view to sale or for letting.

(3) The Secretary of State may give directions to authorities in general or to any particular authority—

(a) as to the expenses which may be treated (whether generally or in any particular case) as incurred in connection with the purchase of a house, and

(b) limiting the amount which they may pay in respect of such expenses.

(4) An authority may make their payment of expenses subject to conditions.

Agreements with housing co-operatives

Right excluded by entitlement to housing benefit.

27

(1) A local housing authority may agree that another person shall exercise in relation to—

(a) such of the authority’s houses as are specified in the agreement, and

(b) any other land so specified which is held for a related purpose,

such of the authority’s management functions as are so specified.

(2) In this Act—

(a) “ management agreement ” means an agreement under subsection (1) or a sub-agreement, and

(b) “ manager ”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.

(3) A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.

(4) An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the appropriate Minister.

(5) A management agreement may—

(a) include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;

(b) where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.

(6) Subject to subsection (7), the approval of the appropriate authority shall be required to—

(a) the making of any management agreement;

(b) the variation of a provision of a management agreement, if the provision is specified, or is of a description specified, by the appropriate authority in giving approval to the making of a management agreement.

(7) The appropriate authority may, in giving approval to the making of an agreement under subsection (1)—

(a) specify a moratorium period and the circumstances in which it is to apply;

(b) specify circumstances in which the appropriate authority’s approvalis not required to the making of a sub-agreement under the agreement.

(8) If a moratorium period applies in relation to a management agreement—

(a) during the moratorium period the approval of the appropriate authority is not required to the making of a sub-agreement under the agreement;

(b) any sub-agreement made under the agreement during the moratorium period without the approval of the appropriate authority is not valid unless it is approved by the appropriate authority immediately after the end of the moratorium period.

(9) A moratorium period specified under subsection (7) must not exceed 6 months.

(10) Where a sub-agreement has been made during a moratorium period without the approval of the appropriate authority, the appropriate authority may extend the moratorium period if it is satisfied that it will not give its approval to that sub-agreement immediately after the end of that period; and this subsection may apply more than once.

(11) The approval of the appropriate authority to the making of an agreement under subsection (1) or to the variation of such an agreement may be given generally or to a particular local housing authority or description of local housing authority.

(12) The approval of the appropriate authority under this section may be given—

(a) in relation to a particular case or description of case;

(b) unconditionally or subject to conditions.

(13) Subject to subsection (15)—

(a) anything done, or not done, by a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, by the authority;

(b) anything done, or not done, in relation to a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, in relation to the authority.

(14) In subsection (13) “ relevant function ” means a management function of the authority exercisable by the manager under a management agreement.

(15) Subsection (13) shall not apply—

(a) to the extent that a management agreement provides otherwise as between the parties to it; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or not done by the manager.

(16) References in subsection (1) to the management functions of a local housing authority in relation to houses or land—

(a) do not include such functions as may be prescribed by regulations made by the appropriate Minister, but

(b) subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.

(17) Regulations under this section—

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

(b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(i) in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;

(ii) in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.

(18) In this section—

“sub-agreement” means an agreement made by a manager and another person pursuant to a provision included in an agreement by virtue of subsection (5)(a);

“the appropriate authority” means—in relation to a local housing authority in England which is a registered provider of social housing, the Regulator of Social Housing;in relation to any other local housing authority in England, the Secretary of State;in relation to a local housing authority in Wales, the Welsh Ministers;

“the appropriate Minister” means—in relation to a local housing authority in England, the Secretary of State;in relation to a local housing authority in Wales, the Welsh Ministers.

Powers of county councils

Reserve powers to provide housing accommodation.

28

(1) County councils in England have the following reserve powers in relation to the provision of housing accommodation.

(2) They may undertake any activity for the purposes of, or incidental to, establishing the needs of the whole or a part of the county with respect to the provision of housing accommodation.

(3) If requested to do so by one or more local housing authorities for districts within the county, they may, with the consent of the Secretary of State, undertake on behalf of the authority or authorities the provision of housing accommodation in any manner in which they might do so.

(4) With the approval of the Secretary of State given on an application made by them, they may undertake the provision of housing accommodation in any manner in which a local housing authority for a district within the county might do so.

(5) The Secretary of State shall not give his consent under subsection (3) or his approval under subsection (4) except after consultation with the local housing authorities who appear to him to be concerned; and his consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to—

(a) the transfer of the ownership and management of housing accommodation provided by the county council to the local housing authority, and

(b) the recovery by the county council from local housing authorities of expenditure incurred by the county council in providing accommodation.

(6) Before a county council by virtue of subsection (3) or (4) exercise outside the county any power under this Part they shall give notice to the council of the county in which they propose to exercise the power; but failure to give notice does not invalidate the exercise of the power.

Provision of accommodation for employees of county councils.

29

(1) A county council may provide houses for persons employed or paid by, or by a statutory committee of, the council.

(2) For that purpose the council may acquire or appropriate land in the same way as a local housing authority may acquire or appropriate land for the purposes of this Part; and land so acquired or appropriated may be disposed of by them in the same way as land held for the purposes of this Part.

Miscellaneous powers of other authorities and bodies

Landlord’s notice in default.

30

(1) The following provisions apply in relation to a development corporation as they apply in relation to a local housing authority—

section 25 (increase of rent where tenancy not secure), and

section 26 (financial assistance towards tenants’ removal expenses).

(1A) Section 25 also applies in relation to the new towns residuary body as it applies in relation to a local housing authority.

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

Power of bodies corporate to sell or let land for housing purposes.

31

A body corporate holding land may sell, exchange or lease the land for the purpose of providing housing of any description at such price, or for such consideration, or for such rent, as having regard to all the circumstances of the case is the best that can reasonably be obtained, notwithstanding that a higher price, consideration or rent might have been obtained if the land were sold, exchanged or leased for the purpose of providing housing of another description or for a purpose other than the provision of housing.

Disposal of land held for housing purposes

Power to dispose of land held for purposes of this Part.

32

(1) Without prejudice to the provisions of Part V (the right to buy) . . ., a local authority have power by this section, and not otherwise, to dispose of land held by them for the purposes of this Part.

(2) A disposal under this section may be effected in any manner but, subject to subsections (3) and (3A), shall not be made without the consent of the Secretary of State.

(3) No consent is required for the letting of land under a secure tenancy or an introductory tenancyor under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 (tenancies, other than long leases and introductory tenancies, which are not secure).

(3A) No consent is required for the letting of land (in Wales) under—

(a) a secure contract,

(b) a supported standard contract,

(d) a standard contract—

(i) in relation to which the exception in section 11(2) of the Renting Homes (Wales) Act 2016 (anaw 1) applies (first exception to requirement that contract made by a community landlord is a secure contract), and

(ii) which is within any of paragraphs 4 and 6 to 14 of Schedule 3 to that Act (occupation contracts made with or adopted by community landlords which may be standard contracts).

(4) For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, land is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.

(5) Sections 128 to 132 of the Lands Clauses Consolidation Act 1845 (which require surplus land first to be offered to the original owner and to adjoining land-owners) do not apply to the sale by a local authority of land held by them for the purposes of this Part.

(6) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.

Payments of rent attributable to purchase price etc.

33

(1) On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.

(2) But , subject to sections 36A and 37, a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—

(a) a condition limiting the price or premium which may be obtained on a further disposal of a house;

(b) in the case of a sale, a condition reserving a right of pre-emption;

(3) In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—

(a) he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and

(b) the authority refuse the offer or fail to accept it within one month after it is made.

(4) References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.

(5) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.

Cases in which right to buy is preserved.

34

(1) This section applies in relation to the giving of the appropriate national body's consent under section 32 or 33.

(2) Consent may be given—

(a) either generally to all local authorities or to a particular authority or description of authority;

(b) either in relation to particular land or in relation to land of a particular description.

(3) Consent may be given subject to conditions.

(4) Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on the disposal including conditions as to the amount by which on the disposal of a house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

(4A) The matters to which the appropriate national body may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a) the extent (if any) to which the person to whom the proposed disposals is to be made (in this subsection referred to as “the intending purchaser” is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;

(b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;

(ca) in the case of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal; and

(cb) any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal;

(d) any other matters whatsoever which the appropriate national body considers relevant.

(4AA) The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.

(4AB) In this section—

“appropriate national body”—in relation to England, means the Secretary of State; andin relation to Wales, means the Welsh Ministers;

“ dwelling-house ” has the same meaning as in Part 5 of this Act except that it does not include a hostel or any part of a hostel;

“ the exchequer costs ”, in relation to a large scale disposal, means any increase which is or may be attributable to the disposal in the aggregate of any housing subsidies;

“ housing subsidies ” means any subsidies payable under— section 140A of the Social Security Administration Act 1992 (subsidy); orsection 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy);

“ large scale disposal ” means a disposal of one or more dwelling-houses by a local authority to a person where— the number of dwelling-houses included in the disposal; andthe number of dwelling-houses which, in the relevant period, have previously been disposed of by the authority to that person, or that person and any of the person's associates taken together,exceeds 499 or, if the appropriate national body by order so provides, such other number as may be specified in the order;

“ long lease ” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord;

“ the relevant period ”, in relation to a large scale disposal means— the period of 5 years ending with the date of the disposal; orif the appropriate national body by order so provides, such other period ending with that date as may be specified in the order;

“ subsidiary ” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985).

(4AC) For the purposes of this section—

(a) a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease;

(b) two persons are associates of each other if—

(i) one of them is a subsidiary of the other;

(ii) they are both subsidiaries of some other person; or

(iii) there exists between them such relationship or other connection as may be specified in a determination made by the appropriate national body; and

(4AD) An order made by the appropriate national body under this section—

(a) is to be made by statutory instrument which—

(i) in the case of an order made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii) in the case of an order made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;

(b) may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(c) may contain such transitional and supplementary provisions as appear to the appropriate national body to be necessary or expedient.

(4AE) A determination under this section—

(a) may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(b) may be varied or revoked by a subsequent determination.

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

Repayment of discount on early disposal.

35

(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 a covenant binding on the purchaser and his successors in title to the following effect.

(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.

Power to make loans in other cases.

36

(1) The liability that may arise under the covenant required by section 35 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) Subject to subsections (2A) and (2B), the charge has priority immediately after any legal charge securing an amount—

(a) left outstanding by the purchaser, or

(b) advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal.

(2A) The following, namely—

(a) any advance which is made otherwise than for the purpose mentioned in subsection (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and

(b) any further advance which is so secured,

shall rank in priority to that charge if, and only if, the local authority by written notice served on the institution concerned gives their consent; and the local authority shall so give their consent if the purpose of the advance or further advance is an approved purpose.

(2B) The local authority may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which—

(a) is made to the purchaser by that institution, and

(b) is secured by a legal charge not having priority to that charge;

and the local authority shall serve such a notice if the purpose of the advance or further advance is an approved purpose.

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

(3A) The covenant required by section 35 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.

(4) The approved lending institutions for the purposes of this section are—

an authorised deposit taker

an authorised insurer

an authorised mortgage lender.

(5) The approved purposes for the purposes of this section are—

(a) to enable the purchaser to defray, or to defray on his behalf, any of the following—

(i) the cost of any works to the house,

(ii) any service charge payable in respect of the house for works, whether or not to the house, and

(iii) any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and

(b) to enable the purchaser to discharge, or to discharge on his behalf, any of the following—

(i) so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section,

(ii) any arrears of interest on such an advance or further advance, and

(iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.

(6) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.

Restriction on disposal of dwelling-houses in National Parks, etc.

37

(1) Where a conveyance, grant or assignment executed under section 32 is of a house situated in—

(a) a National Park.

(b) an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty, or

(c) an area designated as a rural area by order under section 157 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this section),

the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) (right of pre-emption or restriction on assignment) or a covenant as mentioned in section 36A(3)(right of first refusal for local authority)) contain a covenant limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house in the manner specified below.

(2) The limitation is that until such time (if any) as may be notified in writing by the local authority to the purchaser or a successor in title of his

(a) , there will be no relevant disposal which is not an exempted disposal without the written consent of the authority; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3)and

(b) there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence,remains the house.

(3) The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent or, in the case of a disposal by way of tenancy or licence, preceding the disposal—

(a) had his place of work in a region designated by order under section 157(3) which, or part of which, is comprised in the National Park or area, or

(b) had his only or principal home in such a region;

or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.

(4) A disposal in breach of such a covenant as is mentioned in subsection (1) is void and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if—

(a) the authority were possessed of land adjacent to the house concerned; and

(b) the covenant were expressed to be made for the benefit of such adjacent land.

(4A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.

(5) The limitation imposed by such a covenant is a local land charge.

(5A) Where the Chief Land Registrar approves an application for registration of—

(a) a disposition of registered land, or

(b) the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains a covenant of the kind mentioned in subsection (1), he must enter in the register a restriction reflecting the limitation imposed by the covenant

(6) In this section “purchaser” means the person acquiring the interest disposed of by the first disposal.

Relevant disposals.

38

(1) A disposal, whether of the whole of part of the house, is a relevant disposal for the purposes of this Part if it is—

(a) a conveyance of the freehold or an assignment of the lease, or

(b) the grant of a lease of sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.

(2) For the purposes of subsection (1)(b) it shall be assumed—

(a) that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and

(b) that any option to terminate a lease or sub-lease is not exercised.

Exempted disposals.

39

(1) A disposal is an exempted disposal for the purposes of this Part if—

(a) it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2));

(b) it is a vesting of the whole of the house in a person taking under a will or on an intestacy;

(d) it is a compulsory disposal; or

(e) the property disposed of is property included with the house by virtue of the defintiion of “house” in section 56 (yard, garden, outhouses, &c.).

(2) For the purposes of subsection (1)(a), a person is a qualifying person in relation to a disposal if—

(a) he is the person or one of the persons by whom the disposal is made,

(b) he is the spouse or a former spouse , or the civil partner or a former civil partner, of that person or one of those persons, or

(c) he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.

(3) The orders referred to in subsection (1)(c) are orders under—

(a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),

(b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),

(c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), . . .

(d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or

(e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

Meaning of “compulsory disposal”.

40

In this Part a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

Exempted disposals which end liability under covenants.

41

Where there is a relevant disposal which is an exempted disposal by virtue of section 39(1)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.)—

(a) the covenant required by section 35 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant and the charge taking effect by virtue of section 36 (liability to repay a charge on the premises) cease to apply in relation to the property disposed of, and

(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

(b) any such covenant as is mentioned in section 37 (restriction on disposal of houses in National Parks, etc.) ceases to apply in relation to the property disposed of.

Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.

42

(1) For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

(2) For the purposes of section 37(2) (requirement of consent to disposal of house in National Park etc.) a consent to such a grant shall be treated as a consent to a disposal made in pursuance of the option.

43

(1) The consent of the Secretary of State is required for the disposal by a local authority, otherwise than in pursuance of Part V (the right to buy) . . ., of a house or dwelling belonging to the authority—

(a) which is let on a secure tenancy or an introductory tenancy, or

(b) of which a lease has been granted in pursuance of Part V,

but which has not been acquired or appropriated by the authority for the purposes of this Part.

(1A) The consent of the Welsh Ministers is required for the disposal by a local authority of a dwelling belonging to the authority which is subject to a tenancy which is a secure contract or is an introductory standard contract.

(2) Consent may be given—

(a) either generally to all local authorities or to any particular local authority or description of authority, and

(b) either generally in relation to all houses or dwellings or in relation to any particular house or dwelling or description of house or dwelling.

(3) Consent may be given subject to conditions.

(4) Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on a disposal of the house or dwelling, including conditions as to the amount by which, on a disposal of the house or dwelling by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

(4A) The matters to which the appropriate national body may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;

(b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;

(ca) in the case of a proposed disposal which is part of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal; and

(cb) any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal;

(d) any other matters whatsoever which the appropriate national body considers relevant.

(4AA) The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.

(4AB) Subsections (4AB) to (4AE) of section 34 apply for the purposes of this section as they apply for the purposes of that section.

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

(5) For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, a house or dwelling to which this section applies is a disposal and a consent given under this section to such a disposal extends to a disposal made in pursuance of the option.

(5A) References in this section (other than in subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as applied for the purposes of this section) and in section 44 to a local authority shall include references to a National Park authority.

(6) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.

Content of demolition . . . .

44

(1) A disposal of a house by a local authority made without the consent required by section 32 or 43 is void, unless—

(a) the disposal is to an individual (or to two or more individuals), and

(b) the disposal does not extend to any other house.

(2) Subsection (1) has effect notwithstanding section 29 of the Town and Country Planning Act 1959 and section 128(2) of the Local Government Act 1972 (protection of purchasers dealing with authority).

(3) In this section “house” does not have the extended meaning applicable by virtue of the definition of “housing accommodation” in section 56, but includes a flat.

Restriction on service charges

Management and repair of houses acquired under s. 300 or retained under s. 301

45

(1) The following provisions of this Part down to section 51 (restrictions on, and provision of information about, services charges) apply where—

(a) the freehold of a house has been conveyed by a public sector authority; and

(b) the conveyance enabled the vendor to recover from the purchaser a service charge.

(2) In subsection (1)(a)—

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

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

“ public sector authority ” means— a local authority,a National Park authoritya development corporation,an urban development corporation,a Mayoral development corporation,the Homes and Communities Agency,the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions,the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981,a housing action trust . . . Regulator of Social Housing or Scottish Homesa non-profit registered provider of social housing,a registered social landlord.

(2A) In subsection (1)(a) “ public sector authority ” also includes the Welsh Ministers if the freehold has been conveyed by them (or by the Assembly constituted by the Government for Wales Act 1998, the Secretary of State or Housing for Wales) under section 90 of the Housing Associations Act 1985.

(2B) In subsection (1)(a) “public sector authority” also includes a profit-making registered provider of social housing in respect of any house which, before the conveyance, was social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

(3) The following provisions—

section 170 (power of Secretary of State to given assistance in connection with legal proceedings), and

section 181 (jurisdiction of county court),

apply to proceedings and questions arising under this section and sections 46 to 51 as they apply to proceedings and questions arising under Part V (the right to buy).

46

Eligibility for assistance.

47

(1) Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

(a) only to the extent that they are reasonably incurred, and

(b) where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;

and the amount payable shall be limited accordingly.

(2) Where the service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.

(3) An agreement by the payer (other than an arbitration agreement within the meaning of Part I of the Arbitration Act 1996) is void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question—

(a) whether an amount payable before costs for services, repairs, maintenance, insurance or management are incurred is reasonable,

(b) whether such costs were reasonably incurred, or

(4) Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment, the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.

Information as to relevant costs.

48

(1) The payer may require the payee in writing to supply him with a written summary of the costs incurred—

(a) if the relevant accounts are made up for periods of twelve months, in the last such period ending not later than the date of the request, or

(b) if the accounts are not so made up, in the period of twelve months ending with the date of the request,

and which are relevant to the service charges payable or demanded as payable in that or any other period.

(2) The payee shall comply with the request within one month of the request or within six months of the end of the period referred to in subsection (1)(a) or (b), whichever is the later.

(3) The summary shall set out those costs in a way showing how they are or will be reflected in demands for service charges and must be certified by a qualified accountant as in his opinion a fair summary complying with this requirement and as being sufficiently supported by accounts, receipts and other documents which have been produced to him.

(3A) The summary shall also state whether any of the costs relate to works in respect of which a grant has been or is to be paid under section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing) or any corresponding earlier enactment.

(4) Where the payer has obtained such a summary as is referred to in subsection (1) (whether in pursuance of this section or otherwise, he may within six months of obtaining it require the payee in writing to afford him reasonable facilities—

(a) for inspecting the accounts, receipts and other documents supporting the summary, and

(b) for taking copies of extracts from them,

and the payee shall then make such facilities available to the payer for a period of two months beginning not later than one month after the request is made.

(5) A request under this section shall be deemed to be served on the payee if it is served on a person who receives the service charge on behalf of the payee; and a person on whom a request is so served shall forward it as soon as possible to the payee.

(6) A disposal of the house by the payer does not affect the validity of a request made under this section before the disposal; but a person is not obliged to provide a summary or make the facilities available more than once for the same house and for the same period.

Modification of compulsory purchase order in case of acquisition of land for clearance.

49

Meaning of “public sector authority”.

50

(1) If a person fails without reasonable excuse to perform a duty imposed on him by section 48 . . . (provision of information, &c.), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(2) Subsection (1) does not apply where the payee is—

a local authority . . . ,

a development corporation, . . .

orthe Welsh Ministers

. . ..

Meaning of “qualified accountant”.

51

(1) The reference to a “qualified accountant” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.

(2) a person has the necessary qualification only if he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

(4) The following are disqualified from acting—

(a) where the payee is a company, the payee or any associated company of the payee;

(b) an officer or employee of the payee or, where the payee is a company, of an associated company;

(5) For the purposes of subsection (4)(a) and (b). a company is associated with the payee company if it is (within the meaning of section 1159 of the Companies Act 2006) the payee’s holding company or subsidiary or is a subsidiary of the payee’s holding company.

(6) Where the payee is a local authority or a development corporation—

(a) the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and

(b) subsection (4)(b) (disqualification of officers and employees) does not apply.

Miscellaneous

Compliance with minimum standards in erection of houses.

52

A local housing authority by whom a house is erected under the enactments relating to housing, whether with or without financial assistance from the government, shall secure—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) that, in except in so far as the Secretary of State may, in a particular case, dispense with the observance of this paragraph, the house is provided with a fixed bath in a bathroom.

Prefabs deemed to be houses provided under this Part.

53

(1) This section applies to prefabs, that is to say structures made available to a local authority under section 1 of the Housing (Temporary Accommodation) Act 1944 (“the 1944 Act”).

(2) For the purposes of this Act prefabs shall be deemed to be houses provided by the local housing authority under this Part.

(3) A prefab and the land on which it is situated may, if immediately before the repeal of the 1944 Act (on 25th August 1972) it was deemed to be land acquired for the purposes of Part V of the Housing Act 1957, be appropriated or disposed of by the local housing authority in the same way as any other land acquired or deemed to be acquired for the purposes of this Part.

(4) The provisions of this section do not affect any obligation of a local housing authority to another person as respects the removal or demolition of a prefab.

(5) References in this section to a prefab include fittings forming part of it.

Supplementary provisions

Powers of entry.

54

(1) A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—

(a) where it appears to the authority or Secretary of State that survey or examination is necesary in order to determine whether any powers under this Part should be exercised in respect of the premises, or

(b) in the case of premises which the authority are authorised by this Part to purchase compulsorily.

(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

(3) A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Penalty for obstruction.

55

(1) It is a summary offence intentionally to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2) A person who commits such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.

Minor definitions.

56

(1) In this Part—

“house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

“housing accommodation” includes flats, lodging-houses and hostels, and “house” shall be similarly construed;

“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;

“lodging-houses” means houses not occupied as separate dwellings;

“member of family” in relation to a person, has the same meaning as in Part V (the right to buy);

“owner”, in relation to premises—

(a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and

(b) includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

(1A) In this Part, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—

(a) “contract-holder” (see section 7 (see also section 48) of that Act);

(b) “dwelling” (see section 246 of that Act);

(d) “occupation contract” (see section 7 of that Act);

(e) “secure contract” (see section 8 of that Act);

(f) “standard contract” (see section 8 of that Act);

(g) “supported standard contract” (see section 143 of that Act).

(2) For the purposes of this Part, something is within the remit of the Regulator of Social Housing if it is related to or affects the provision of social housing by a local housing authority, or county council, in England.

Index of defined expressions: Part II.

57

PART III — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Main definitions

Homelessness and threatened homelessness.

58

(1) A person is homeless if he has no accommodation in England, Wales or Scotland.

(2) A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him—

(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

(b) has an express or implied licence to occupy, or Scotland has a right or permission or an implied right or permission to occupy, or

(c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

(2A) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

(2B) Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.

(3) A person is also homeless if he has accommodation but—

(a) he cannot secure entry to it, or

(b) it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or

(c) it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

(4) A person is threatened with homelessness if it is likely that he will become homeless within 28 days.

Priority need for accommodation.

59

(1) The following have a priority need for accommodation—

(a) a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;

(b) a person with whom dependent children reside or might reasonably be expected to reside;

(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

(d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

(2) The Secretary of State may by order made by statutory instrument—

(a) specify further descriptions of persons as having a priority need for accommodation, and

(b) amend or repeal any part of subsection (1).

(3) Before making such an order the Secretary of State shall consult such association representing relevant authorities, and such other persons, as he considers appropriate.

(4) No order shall be made unless a draft of it has been approved by resolution of each House of Parliament.

Becoming homeless intentionally.

60

(1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2) A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(3) For the purposes of subsection (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(4) Regard may be had, in determining whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he applied for accommodation or for assistance in obtaining accommodation.

Local connection.

61

(1) References in this Part to a person having a local connection with the district of a local housing authority are to his having a connection with that district—

(a) because he is, or in the past was, normally resident in that district, and that residence is or was of his own choice, or

(b) because he is employed in that district, or

(d) because of special circumstances.

(2) For the purposes of this section—

(a) a person is not employed in a district if he is serving in the regular armed forces of the Crown;

(b) residence in a district is not of a person’s own choice if he becomes resident in it because he, or a person who might reasonably be expected to reside with him, is serving in the regular armed forces of the Crown.

(3) Residence in a district is not of a persons’ own choice for the purpose of this section if he, or a person who might reasonably be expected to reside with him, became resident in it because he was detained under the authority of an Act of Parliament.

(4) The Secretary of State may by order specify other circumstances in which—

(a) a person is not to be treated for the purposes of this section as employed in a district, or

(b) residence in a district is not to be treated for those purposes as of a person’s own choice.

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

Duties of local housing authorities with respect to homelessness and threatened homelessness

Inquiry into cases of possible homelessness or threatened homelessness.

62

(1) If a person (an “applicant”) applies to a local housing authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.

(2) If they are so satisfied, they shall make any further inquiries necessary to satisfy themselves as to—

(a) whether he has a priority need, and

(b) whether he became homeless or threatened with homelessness intentionally;

and if they think fit they may also make inquiries as to whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.

Interim duty to accommodate in case of apparent priority need.

63

(1) If the local housing authority have reason to believe that an applicant may be homeless and have a priority need, they shall secure that accommodation is made available for his occupation pending a decision as a result of their inquiries under section 62.

(2) This duty arises irrespective of any local connection which the applicant may have with the district of another local housing authority.

Notification of decision and reasons.

64

(1) On completing their inquiries under section 62, the local housing authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.

(2) If they notify him that their decision is that he is homeless or threatened with homelessness, they shall at the same time notify him of their decision on the question whether he has a priority need.

(3) If they notify him that their decision is that he has a priority need, they shall at the same time notify him—

(a) of their decision whether he became homeless or threatened with homelessness intentionally, and

(b) whether they have notified or propose to notify another local housing authority under section 67 (referral of application on grounds of local connection).

(4) If the local housing authority notify the applicant—

(a) that they are not satisfied that he is homeless or threatened with homelessness, or

(b) that they are not satisfied that he has a priority need, or

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Housing Act 1985

PART I — INTRODUCTORY PROVISIONS

Local housing authorities

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

1

Demotion because of anti-social behaviour

2

Limits on amount of discount

3

Other authorities and bodies

Effect of certain enforcement action under the Housing Act 2004

4

Index of defined expressions: Part XVIII.

5

Housing trusts.

6

Supplementary provisions

Relevant disposals.

7

PART II — PROVISION OF HOUSING ACCOMMODATION

Main powers and duties of local housing authorities

Secure tenancies.

8

Right of first refusal for landlord etc.

9

Provision of furnishings and fittings.

10

Proceedings for possession on non-absolute grounds : anti-social behaviour

11

Provision of shops, recreation grounds, etc.

12

Provision of streets, roads and open spaces and development generally.

13

Effect of initial demolition notice served before completion

14

Powers of authorities in London

Additional powers of authorities in London.

15

Exercise of powers outside Greater London.

16

Acquisition of land, etc.

Flexible tenancies

17

Information to help tenants decide whether to exercise right to buy etc.

18

Change of secure tenant after notice claiming right to buy.

19

Housing management

Application of housing management provisions.

20

General powers of management.

21

Allocation of housing.

22

Byelaws.

23

Change of landlord after notice claiming right.

24

Increase of rent where tenancy not secure.

25

Financial assistance towards tenants' removal expenses.

26

Agreements with housing co-operatives

Right excluded by entitlement to housing benefit.

27

Powers of county councils

Reserve powers to provide housing accommodation.

28

Provision of accommodation for employees of county councils.

29

Miscellaneous powers of other authorities and bodies

Landlord’s notice in default.

30

Power of bodies corporate to sell or let land for housing purposes.

31

Disposal of land held for housing purposes

Power to dispose of land held for purposes of this Part.

32

Payments of rent attributable to purchase price etc.

33