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

(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

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 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

(d) that they have notified or propose to notify another local housing authority under section 67 (referral of application on grounds of local connection),

they shall at the same time notify him of their reasons.

(5) The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Duties to persons found to be homeless.

65

(1) This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is homeless.

(2) Where they are satisfied that he has a priority need and are not satisfied that he became homeless intentionally, they shall, unless they notify another local housing authority in accordance with section 67 (referral of application on grounds of local connection), secure that accommodation becomes available for his occupation.

(3) Where they are satisfied that he has priority need but are also satisfied that he became homeless intentionally, they shall—

(a) secure that accommodation is made available for his occupation for such period as they consider will give him a reasonable opportunity of securing accommodation for his occupation, and

(b) furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

(4) Where they are not satisfied that he has a priority need, they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

Duties to persons found to be threatened with homelessness.

66

(1) This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is threatened with homelessness.

(2) Where they are satisfied that he has a priority need and are not satisfied that he became threatened with homelessness intentionally, they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

(3) Where—

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

(b) they are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,

they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation does not cease to be available for his occupation.

(4) Subsection (2) does not affect any right of the local housing authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of accommodation.

Referral of application to another local housing authority.

67

(1) If the local housing authority—

(a) are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he became homeless intentionally, but

(b) are of opinion that the conditions are satisfied for referral of his application to another local housing authority in England, Wales or Scotland, they may notify that other authority of the fact that his application has been made and that they are of that opinion.

(2) The conditions for referral of an application to another local housing authority are—

(a) that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b) that the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and

(c) that neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.

(3) For this purpose a person runs the risk of domestic violence—

(a) if he runs the risk of violence from a person with whom, but for the risk of violence, he might reasonably be expected to reside, or from a person with whom he formerly resided, or

(b) if he runs the risk of threats of violence from such a person which are likely to be carried out.

(4) The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.

(5) An order may direct that the arrangements shall be—

(a) those agreed by any relevant authorities or associations of relevant authorities, or

(b) in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

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

Duties to persons whose applications are referred.

68

(1) Where, in accordance with section 67(1), a local housing authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.

(2) If it is determined that the conditions for referral are satisfied, the notified authority shall secure that accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that accommodation becomes available for occupation by him.

(3) When the matter has been determined, the notifying authority shall notify the applicant—

(a) whether they or the notified authority are the authority whose duty it is to secure that accommodation becomes available for his occupation, and

(b) of the reasons why the authority subject to that duty are subject to it.

(4) The notice required to be given to a person under subsection (3) shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Provisions supplementary to ss. 63, 65 and 68.

69

(1) A local housing authority may perform any duty under section 65 or 68 (duties to persons found to be homeless) to secure that accommodation becomes available for the occupation of a person—

(a) by making available suitable accommodation held by them under Part II (provision of housing) or any enactment, or

(b) by securing that he obtains suitable accommodation from some other person, or

(c) by giving him such advice and assistance as will secure that he obtains suitable accommodation from some other person,

and in determining whether accommodation is suitable they shall have regard to Part IX (slum clearance), X (overcrowding) and XI (houses in multiple occupation) of this Act.

(2) A local housing authority may require a person to whom they were subject to a duty under section 63, 65 or 68 (interim duty to accommodate pending inquiries and duties to persons found to be homeless)—

(a) to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or

(b) to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.

Protection of property of homeless persons and persons threatened with homelessness.

70

(1) This section applies where a local housing authority have reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom they owe a duty under section 63 (interim duty to accommodate pending inquiries), that he may be homeless) and that—

(a) there is a danger of loss of, or danger to, any personal property of his by reason of his inability to protect it or deal with it, and

(b) no other suitable arrangements have been or are being made.

(2) If the authority have become subject to a duty towards the applicant under section 63, 65(2) or (3)(a), 66(2) or 68 (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it; and if they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.

(3) The authority may for the purposes of this section—

(a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

(b) deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

(4) The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—

(a) the making and recovery by the authority of reasonable charges for the action taken, or

(b) the disposal by the authority, in such circumstances as may be specified, of property in relation to which they have taken action.

(5) When in the authority’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it, the authority cease to have any duty or power to take action under this section; but property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

(6) Where the authority—

(a) cease to be subject to a duty to take action under this section in respect of an applicant’s property, or

(b) cease to have power to take such action, having previously taken such action,

they shall notify the applicant of that fact and of the reason why they are of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his personal property by reason of his inability to protect it or deal with it.

(7) The notification shall be given to the applicant—

(a) by delivering it to him, or

(b) by leaving it, or sending it to him, at his last known address.

(8) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

Administrative provisions

Guidance to authorities by the Secretary of State.

71

(1) In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their functions to such guidance as may from time to time be given by the Secretary of State.

(2) The Secretary of State may given guidance either generally or to specified descriptions of authorities.

Co-operation between authorities.

72

Where a local housing authority—

(a) request another local housing authority in England, Wales or Scotland, a new town corporation, a registered social landlorda housing action trust or Scottish Homes to assist them in the discharge of their functions under sections 62, 63, 65 to 67 and 68(1) and (2) (which relate to homelessness and threatened homelessness as such),

(b) request a social services authority in England, Wales or Scotland to exercise any of their functions in relation to a case which the local housing authority are dealing with under those provisions, or

(c) request another local housing authority in England, Wales or Scotland to assist them in the discharge of their functions under section 70 (protection of property of homeless persons and persons threatened with homelessness),

the authority or other body to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.

Assistance for voluntary organisations

Financial and other assistance for voluntary organisations concerned with homelessness.

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(1) The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan.

(2) A local housing authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—

(a) permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,

(b) making available furniture or other goods, whether by way of gift, loan or otherwise, and

(3) No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—

(a) that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and

(b) that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.

(4) The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—

(a) keep proper books of account and have them audited in such manner as may be specified,

(b) keep records indicating how they have used the money, furniture or other goods or premises made available to them, and

(5) If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

Supplementary provisions

False statements, withholding information and failure to disclose change of circumstances.

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(1) If a person with intent to induce a local housing authority to believe, in connection with the exercise of their functions under this Part, that he or another person—

(a) is homeless or threatened with homelessness, or

(b) has a priority need, or

knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he commits a summary offence.

(2) If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

(3) A person who fails to comply with subsection (2) commits a summary offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

(4) A person guilty of an offence under this section is liable on conviction to a fine not exceeding level 4 on the standard scale.

Meaning of accommodation available for occupation.

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For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.

Application of this Part to cases arising in Scotland.

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(1) Sections 67 and 68 (referral of application to another local housing authority and duties to persons whose applications are referred) apply—

(a) to applications referred by a housing authority in Scotland in pursuance of section 5(1) of the Housing (Homeless Persons) Act 197733 and 34 of the Housing (Scotland) Act 1987, and

(b) to persons whose applications are so transferred,

as they apply to cases arising under this Part.

(2) Section 72 (duty of other authorities to co-operate with local housing authority) applies to a request by a housing authority in Scotland under section 9(1) of the Housing (Homeless Persons) Act 197738 of the Act of 1987 as it applies to a request by a local housing authority in England or Wales.

(3) In this Part, in relation to Scotland—

(a) “local housing authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and references to the district of such an authority are to the area of that council,

(b) “social services authority” means a local authority for the purposes of the Social Work (Scotland) Act 1968, that is to say, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

and in section 72(a) (requests for co-operation) “new town corporation” includes a development corporation established under the New Towns (Scotland) 1968.

Minor definitions.

77

In this Part—

“relevant authority” means a local housing authority or social services authority;

“social services authority” means a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act;

“voluntary organisation” means a body, not being a public or local authority, whose activities are carried on otherwise than for profit.

Index of defined expressions: Part III.

78

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):—

PART IV — SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Security of tenure

Secure tenancies.

79

(1) A tenancy under which a dwelling-house in England is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.

(2) Subsection (1) has effect subject to—

(a) the exceptions in Schedule 1 (tenancies which are not secure tenancies),

(b) sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and

(3) The provisions of this Part apply in relation to a licence to occupy a dwelling-house in England (whether or not granted for a consideration) as they apply in relation to a tenancy.

(4) Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

The landlord condition.

80

(1) The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

a local authority,

a development corporation,

a housing action trust

a Mayoral development corporation,

an urban development corporation, in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be),

. . .

. . .

. . .

. . . housing co-operative to which this section applies.

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

(2A) A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a) the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,

(aa) the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or

(b) the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B) A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers as mentioned in subsection (2A)(a), (aa) or (b) (as the case may be).

(2C) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be).

(2D) A tenancy falls within this subsection if—

(a) it is granted by the Homes and Communities Agency , the Greater London Authorityor the Welsh Ministers to a person (alone or jointly with others),

(b) before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(2E) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers pursuant to an obligation under section 554(2A).

(3) If a co-operative housing association ceases to be a private registered provider of social housing or a registered social landlord, it shall, within the period of 21 days beginning with the date on which it ceases to be such a body, notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

(4) This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.

(5) In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a) a person within section 80 or 80(1) of this Act, or

(b) a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency , to the Greater London Authority or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers.

(6) Subsection (5)—

(a) applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b) is subject to any provision to the contrary.

The tenant condition.

81

The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

Security of tenure.

82

(1) A secure tenancy which is either—

(a) a weekly or other periodic tenancy, or

(b) a tenancy for a term certain but subject to termination by the landlord,

cannot be brought to an end by the landlord except asmentioned in subsection (1A) .

(1A) The tenancy may be brought to an end by the landlord—

(a) obtaining—

(i) an order of the court for the possession of the dwelling-house, and

(ii) the execution of the order,

(b) obtaining an order under subsection (3), or

(2) In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.

(3) Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.

(4) Section 146 of the Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.

Notice of proceedings for possession or termination.

83

(1) The court shall not entertain proceedings to which this section applies unless—

(a) the landlord has served a notice on the tenant complying with the provisions of this section, or

(b) the court considers it just and equitable to dispense with the requirement of such a notice.

(A1) This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—

(a) proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or

(b) proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).

(2) A notice under this section shall—

(a) be in a form prescribed by regulations made by the Secretary of State,

(b) specify the ground on which the court will be asked to make the order and

(3) Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—

(a) shall also—

(i) state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii) specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b) ceases to be in force twelve months after the date so specified.

(4) Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice, the notice—

(a) shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b) ceases to be in force twelve months after the date so specified.

(4A) If the proceedings are for a demotion order under section 82A the notice—

(a) must specify the date after which the proceedings may be begun;

(b) ceases to be in force twelve months after the date so specified.

(5) The date specified in accordance with subsection (3) (4) or (4A) must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(6) Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) to (5) of this section do not apply to the notice.

(7) Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

Grounds and orders for possession.

84

(1) The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2 or in accordance with section 84A (absolute ground for possession for anti-social behaviour) or section 107D (recovery of possession on expiry of flexible tenancy).

(2) The court shall not make an order for possession—

(a) on the grounds set out in Part I of Schedule 2 (grounds 1 to 8), unless it considers it reasonable to make the order,

(b) on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,

(c) on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;

and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.

(3) Where a notice under section 83 or 83ZA has been served on the tenant, the court shall not make an order on any of the grounds mentioned in subsection (2) unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(4) Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.

Extended discretion of court in certain proceedings for possession.

85

(1) Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.

(2) On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—

(a) stay or suspend the execution of the order, or

(b) postpone the date of possession,

for such period or periods as the court thinks fit.

(3) On such an adjournment, stay, suspension or postponement the court—

(a) shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent . . . unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and

(b) may impose such other conditions as it thinks fit.

(4) The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—

(a) any conditions imposed under subsection (3), and

(b) the conduct of the tenant in connection with those conditions.

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

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

Periodic tenancy arising on termination of fixed term.

86

(1) Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—

(a) by effluxion of time, or

(b) by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),

a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.

(2) Where a periodic tenancy arises by virtue of this section—

(a) the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and

(b) the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;

except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.

Succession on death of tenant

Persons qualified to succeed tenant.

87

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

Cases where the tenant is a successor.

88

(1) The tenant is himself a successor if—

(a) the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or

(b) he was a joint tenant and has become the sole tenant, or

(c) the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or

(d) he became the tenant on the tenancy being assigned to him (but subject to subsections (2) to (3) , or

(e) he became the tenant on the tenancy being vested in him on the death of the previous tenant or.

(f) the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.

(2) A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)is a successor only if the other party to the marriage was a successor.

(2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) is a successor only if the other civil partner was a successor.

(3) A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.

(4) Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and—

(a) the tenant was a successor in relation to the former tenancy, and

(b) under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

Succession to periodic tenancy.

89

(1) This section applies where a secure tenant dies and the tenancy is a periodic tenancy.

(1A) Where there is a person qualified to succeed the tenant under section 86A, the tenancy vests by virtue of this section—

(a) in that person, or

(b) if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.

(2) Where there is a person qualified to succeed the tenant under section 87, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a) the tenant’s spouse or civil partner is to be preferred to another member of the tenant’s family;

(b) of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

(3) Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy—

(a) when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—

(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .

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

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

(b) when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.

(4) A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Devolution of term certain.

90

(1) This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.

(2) The tenancy remains a secure tenancy until—

(a) it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or

(b) it is known that when it is so vested or disposed of it will not be a secure tenancy.

(3) The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—

(a) the vesting or other disposal is in pursuance of an order made under—

(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .

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

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

(b) the vesting or other disposal is to a person qualifed to succeed the tenant.

(4) A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

(5) The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—

(a) has been vested or otherwise disposed of in the course of the administration of the secure tenant's estate, and

(b) has ceased to be a secure tenancy by virtue of this section.

(6) Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.

(7) The court may not entertain proceedings for an order for possession under this section unless—

(a) the landlord has served notice in writing on the tenant—

(i) stating that the landlord requires possession of the dwelling-house, and

(ii) specifying a date after which proceedings for an order for possession may be begun, and

(b) that date has passed without the tenant giving up possession of the dwelling-house.

(8) The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.

(9) On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.

(10) The tenancy ends when the order is executed.

Assignment, lodgers and subletting

Assignment in general prohibited.

91

(1) A secure tenancy which is—

(a) a periodic tenancy, or

(b) a tenancy for a term certain granted on or after 5th November 1982,

is not capable of being assigned except in the cases mentioned in subsection (3).

(2) If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

(3) The exceptions are—

(a) an assignment in accordance with section 92 (assignment by way of exchange);

(b) an assignment in pursuance of an order made under—

(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .

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

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

(c) an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.

Assignments by way of exchange.

92

(1) It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2) or to an assured tenant who satisfies the conditions in subsection (2A).

(1) It is a term of every secure tenancy that the tenancy may, with the written consent of the landlord, assign the tenancy to—

(a) another secure tenant who satisfies the condition in subsection (2),

(b) an assured tenant who satisfies the conditions in subsection (2A), or

(2) The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.

(2A) The conditions to be satisfied with respect to an assured tenant are—

(a) that the landlord under his assured tenancy is the Regulator of Social Housing, a private registered provider of social housing, . . . a a registered social landlord or a housing trust which is a charity; and

(b) that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2).

(2B) The conditions to be satisfied with respect to a tenant who is a secure contract-holder are that—

(a) their landlord is a community landlord, and

(b) they intend to transfer their secure contract to—

(i) the secure tenant referred to in subsection (1),

(ii) another secure tenant who satisfies the condition in subsection (2), or

(iii) another secure contract-holder.

(3) The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.

(4) The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.

(5) Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.

(6) Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.

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

(a) “community landlord” (see section 9 of that Act);

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

Lodgers and subletting.

93

(1) It is a term of every secure tenancy that the tenant—

(a) may allow any persons to reside as lodgers in the dwelling-house, but

(b) will not, without the written consent of the landlord, sublet or part with possession of part of the dwelling-house.

(2) If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder), the tenancy ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

94

(1) This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).

(2) Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.

(3) In determining that question the following matters, if shown by the landlord, are among those to be taken into account—

(a) that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);

(b) that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.

(4) Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(5) Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).

(6) Where the tenant has applied in writing for consent, then—

(a) if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and

(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

Assignment or subletting where tenant condition not satisfied.

95

(1) This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81 (occupation by the tenant) were satisfied.

(2) Sections 91 and 93(2) (restrictions on assignment or sub-letting of whole dwelling-house) apply to such a tenancy as they apply to a secure tenancy, except that—

(a) section 91(3)(b) and (c) (assignments excepted from restrictions) do not apply to such a tenancy for a term certain granted before 5th November 1982, and

(b) references to the tenancy ceasing to be secure shall be disregarded, without prejudice to the application of the remainder of the provisions in which those references occur.

Repairs and improvements

Right to carry out repairs.

96

(1) The Secretary of State may make regulations for entitling secure tenants whose landlords are local housing authorities, subject to and in accordance with the regulations, to have qualifying repairs carried out, at their landlords’ expense, to the dwelling-houses of which they are such tenants.

(2) The regulations may make all or any of the following provisions, namely—

(a) provision that, where a secure tenant makes an application to his landlord for a qualifying repair to be carried out, the landlord shall issue a repair notice—

(i) specifying the nature of the repair, the listed contractor by whom the repair is to be carried out and the last day of any prescribed period; and

(ii) containing such other particulars as may be prescribed;

(b) provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall issue a further repair notice specifying such other listed contractor as the tenant may require; and

(c) provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall pay to the tenant such sum by way of compensation as may be determined by or under the regulations.

(3) The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—

(a) require a landlord to take such steps as may be prescribed to make its secure tenants aware of the provisions of the regulations;

(b) require a landlord to maintain a list of contractors who are prepared to carry out repairs for which it is responsible under the regulations;

(c) provide that, where a landlord issues a repair notice, it shall give to the tenant a copy of the notice and the prescribed particulars of at least two other listed contractors who are competent to carry out the repair;

(d) provide for questions arising under the regulations to be determined by the county court; and

(e) enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the tenant.

(4) Nothing in subsection (2) or (3) shall be taken as prejudicing the generality of subsection (1).

(5) Regulations under this section—

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

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

(6) In this section—

“ listed contractor ”, in relation to a landlord, means any contractor (which may include the landlord) who is specified in the landlord’s list of contractors;

“ qualifying repair ”, in relation to a dwelling-house, means any repair of a prescribed description which the landlord is obliged by a repairing covenant to carry out;

“ repairing covenant ”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house;

and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.

97

(1) It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.

(2) In this Part “improvement” means any alteration in, or addition to, a dwelling-house, and includes—

(a) any addition to or alteration in landlord’s fixtures and fittings,

(b) any addition or alteration connected with the provision of services to the dwelling-house,

(d) the carrying out of external decoration.

(3) The consent required by virtue of subsection (1) shall not be unreasonably withheld, and if unreasonably withheld shall be treated as given.

(4) The provisions of this section have effect, in relation to secure tenancies, in place of section 19(2) of the Landlord and Tenant Act 1927 (general provisions as to covenants, &c. not to make improvements without consent).

(5) In this section “ secure tenancy ” does not include a secure tenancy that is a flexible tenancy.

Provisions as to consents required by s. 97.

98

(1) If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.

(2) In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—

(a) to make the dwelling-house, or any other premises, less safe for occupiers,

(b) to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or

(c) to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.

(3) A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(4) Where a tenant has applied in writing for a consent which is required by virtue of section 97—

(a) the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and

(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

99

(1) Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions.

(2) If the tenant has applied in writing for consent and the landlord gives consent subject to an unreasonable condition, consent shall be taken to have been unreasonably withheld.

(3) If a question arises whether a condition was reasonable, it is for the landlord to show that it was.

(4) A failure by a secure tenant to satisfy a reasonable condition imposed by his landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Part as a breach by the tenant of an obligation of his tenancy.

Power to reimburse cost of tenant’s improvements.

100

(1) Where a secure tenant has made an improvement and—

(a) the work on the improvement was begun on or after 3rd October, 1980,

(b) the landlord, or a predecessor in title of the landlord, has given its written consent to the improvement or is treated as having given its consent, and

(c) the improvement has materially added to the price which the dwelling-house may be expected to fetch if sold on the open market, or the rent which the landlord may be expected to be able to charge on letting the dwelling-house,

the landlord may, at or after the end of the tenancy, make to the tenant (or his personal representatives) such payment in respect of the improvement as the landlord considers to be appropriate.

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

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

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