Housing Act 1985

PART I — INTRODUCTORY PROVISIONS

Local housing authorities

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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.

Demotion because of anti-social behaviour

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• (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

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• (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

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• (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.

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• (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.

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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.

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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.

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• (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.

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• (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.

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• (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.

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

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• (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.

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• (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.

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• (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

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• (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.

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• (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.

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Acquisition of land, etc.

Flexible tenancies

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• (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.