Housing Act 1985
[^key-f39ceed3169a07255b36e18091a0832f]: Words in s. 305(1) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 68(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
[^key-2470bfdc2e5d9b2ee7ed8ba0995772c0]: Words in s. 305(2) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 68(c) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
[^key-4d3dbace5a4ffc544a96ce9f2f826280]: S. 306(1A) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 69(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
[^key-90be84bdc267ffe19de3c839315bf106]: Words in s. 306(1) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 69(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
[^key-6790bc5fb62079b7a234edc00c1f2371]: S. 8: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 16
[^key-4addb1e6390bcca382bb19114a1116e5]: S. 8: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 6
[^key-e3710c005b0e1f4cb6749c8abea6cda5]: S. 8: functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 7, 9(1)
[^key-842b908372ad56dc0d2385e1f1a89f9a]: S. 8: functions made exercisable concurrently (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 6, 8(1)
[^key-f246de7b6f3cb4571025c2fc90448ba8]: S. 12: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 16
[^key-ceda7e7b19b3bbb8e2baba84097a5ced]: S. 12: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 6
[^key-19dc0f035dbc206886c35d1309efb222]: S. 12: functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 7, 9(1)
[^key-18e158ff4c68650388a8ac931c740854]: S. 12: functions made exercisable concurrently (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 6, 8(1)
[^key-73e419f8de84d14353eedc395d3e0973]: S. 17: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 16
[^key-f9e448f9558428d76e910530d8f9a62c]: S. 17: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 6 (with reg. 7)
[^key-e387aa80509a57de739027d4ae4f531c]: S. 17: functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 7, 9(1) (with reg. 8)
[^key-f5869a1bc0b5ab9a23347011240471c6]: S. 17: functions made exercisable concurrently (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 6, 8(1) (with reg. 7)
[^key-34d651730fa83a05618556a4bec63726]: S. 11: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 16
[^key-77353843deae02338529572dab959c5c]: S. 11: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 6
[^key-7d3b004d718166b902c474b34c6ee371]: S. 11: functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 7, 9(1)
[^key-4faa6d26e3e3c5475e6d38d062b668c9]: S. 11: functions made exercisable concurrently (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 6, 8(1)
[^key-216331e025ca660b6b7d0c3d52bc1fea]: S. 18: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 16
[^key-9176bb54a367bce32c300073efb2fa72]: S. 18: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 6
[^key-f51d5775f44b1eddfa2423dd44460f7d]: S. 18: functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 7, 9(1)
[^key-6e83a772184e787674dd9211c2f528c4]: S. 18: functions made exercisable concurrently (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 6, 8(1)
[^key-4fe7f25213c151f88d79544ba23d4857]: S. 88(1)(a)(b): functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 31
[^key-2897b329bb33543303bcf27758718746]: Words in s. 610(1)(b) substituted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 11
Index of defined expressions: Part I.
Avoidance of certain disposals of houses without consent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Homelessness and threatened homelessness.
Proceedings for possession or termination: notice requirements.
Devolution of term certain.
Purchase price.
Index of defined expressions: Part I.
Financial assistance towards tenants’ removal expenses.
- Duty of landlord to convey freehold or grant lease.
Errors and omissions in notices.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
Effect of initial demolition notice served before completion
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Subsequent dealings: transfer of qualifying person to alternative accommodation.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Landlord’s second notice to complete.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Relevant disposals.
Increase of rent where tenancy not secure.
Discount.
Purchase price.
Housing trusts.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Errors and omissions in notices.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing associations.
Right excluded by entitlement to housing benefit.
Index of defined expressions: Part I.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Costs.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Compliance with minimum standards in erection of houses.
Landlord’s first notice to complete.
Index of defined expressions: Part I.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Repair notice in respect of unfit dwelling-house.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Periodical review of housing needs.
Right of first refusal for landlord etc.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Management agreements with tenant management organisations.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Restriction on disposal of dwelling-houses in National Parks, etc.
Jurisdiction of county court.
The tenant or a person residing in or visiting the dwelling-house—
Deposits in respect of maintenance or repair of mortgaged premises.
The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
Provision of housing accommodation.
Treatment of options.
Agreements with housing co-operatives under superseded provisions.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
The dwelling-house was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other ... or a couple living together as if they were a married couple or civil partners and—
Retention of houses acquired for clearance.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Demolition orders: cleansing before demolition.
Land registration and related matters.
Minor definitions.
Effect of certain enforcement action under the Housing Act 2004
Meaning of “common lodging house”.
Treatment of options.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Housing associations.
Jurisdiction of county court.
Obstructive building order.
Procedure for removal or alteration of apparatus under s. 296.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
Disposal of certain Crown interests in land treated as disposal by public sector authority.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Management and repair of houses acquired under s. 300 or retained under s. 301
Modification of compulsory purchase order in case of acquisition of land for clearance.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building becoming listed when acquired by agreement for clearance.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deposits in respect of maintenance or repair of mortgaged premises.
Power to make loans in other cases.
Repayment of discount on early disposal.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Meaning of “common lodging house”.
Relevant disposals.
Avoidance of certain disposals of houses without consent.
Liability of directors, &c. in case of offence by body corporate.
Minor definitions: Part XVIII
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.
This Ground applies only in relation to dwelling-houses in England.
The dwelling-house forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and—
and that employment has ceased, and
The dwelling-house—
Secure tenancies.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.
Management agreements with tenant management organisations.
Power to make loans in other cases.
Meaning of “public sector authority”.
General enactments relating to compulsory purchase, &c., apply subject to this Part.
Exclusion of Rent Act protection.
Minor definitions: Part XVIII
Index of defined expressions: Part XVIII.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The tenant condition.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agreements with housing co-operatives under superseded provisions.
Meaning of “qualified accountant”.
Compliance with minimum standards in erection of houses.
Homelessness and threatened homelessness.
Repayment of discount on early disposal.
Proceedings for possession or termination: notice requirements.
Additional requirements in relation to certain proceedings for possession.
Devolution of term certain.
Information about housing allocation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agreements with housing co-operatives under superseded provisions.
Avoidance of certain disposals of houses without consent.
Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
Landlord’s notice of purchase price and other matters.
Landlord’s notice in default.
Purchase price.
Security of tenure.
Demotion because of anti-social behaviour
Discount.
Limits on amount of discount
Repayment of discount on early disposal.
Relevant disposals.
Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
Landlord’s second notice to complete.
Consent to subletting.
Right excluded if minimum initial payment exceeds maximum initial payment.
Tenant’s notice claiming right.
Requirements to co-operate in relation to certain disposals
Amount of discount which may be demanded by landlord: right to buy
Right of first refusal for landlord etc.
Requirements to co-operate in relation to certain disposals
Treatment of options.
Secretary of State’s general power to intervene.
Consent required for certain disposals not within s. 32.
Repayment of discount on early disposal.
Homelessness and threatened homelessness.
Errors and omissions in notices.
Review of decisions relating to flexible tenancies
Secure tenancies.
Minor definitions.
Avoidance of certain disposals of houses without consent.
Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
Meaning of “landlord authority”.
Meaning of “introductory tenancy”.
Avoidance of certain disposals of houses without consent.
Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
Qualifying period for right to buy.
Homelessness and threatened homelessness.
Landlord’s notice in default.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extended discretion of court in certain proceedings for possession.
Tenant’s initial share.
Control of expenditure by housing authorities on works of conversion or improvement.
Assignments by way of exchange.
Terms of advances and administration.
Power to make loans in other cases.
Extended discretion of court in certain proceedings for possession.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Devolution of term certain.
Meaning of “public sector authority”.
Meaning of “dwelling” and “house”.
Lodgers and subletting.
Liability of directors, &c. in case of offence by body corporate.
Variation of terms of secure tenancy.
Assignment in general prohibited.
The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
Information about housing allocation.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Advances to recognised lending institutions to assist first-time buyers.
Recognised savings institutions.
Power to make loans in other cases.
Supplementary provisions as to regulations under s. 450A or 450B.
Power to reimburse cost of tenant’s improvements.
Disposal of certain Crown interests in land treated as disposal by public sector authority.
General enactments relating to compulsory purchase, &c., apply subject to this Part.
Information about housing allocation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grant of tenancy to former statutory tenant.
Determination of value: review notices
Discount.
Change of landlord after notice claiming right to buy or right to a mortgage.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
Flexible tenancies
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Succession to periodic tenancy.
Loans by Public Works Loan Commissioners.
Loans by Public Works Loan Commissioners.
Minor definitions: Part XVIII
Lodgers and subletting.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
Variation of terms of secure tenancy.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Index of defined expressions: Part XIV.
Grant of tenancy to former statutory tenant.
Meaning of “public sector authority”.
Assignment in general prohibited.
Minor definitions: Part XVIII
Flexible tenancies
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
Power to reimburse cost of tenant’s improvements.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Offences.
Consultation with respect to management.
Relevant disposals.
The landlord condition.
Treatment of options.
Avoidance of certain disposals of houses without consent.
Provisions as to consents required by s. 97.
Relevant disposals.
Treatment of options.
Flexible tenancies
107A
- (1) For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies.
- (2) This subsection applies to a secure tenancy if—
- (a) it is granted by a landlord in England for a term certain of not less than two years, and
- (b) before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy.
- (3) This subsection applies to a secure tenancy if—
- (a) it becomes a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies),
- (b) the landlord under the family intervention tenancy in question was a local housing authority in England,
- (c) the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant,
- (d) the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice, and sets out the other express terms of the tenancy, and
- (e) the length of the term specified in the notice is at least two years.
- (4) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.
- (5) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “ statutory provision ” means any provision made by or under an Act.
- (6) This subsection applies to a secure tenancy if—
- (a) it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or
- (b) it arises by virtue of section 143MA of that Act (demoted tenancies becoming flexible tenancies).
107B
- (1) This section applies if a person (“the prospective landlord”)—
- (a) offers to grant a flexible tenancy (whether or not on the coming to an end of an existing tenancy of any kind), or
- (b) serves a notice under section 137A of the Housing Act 1996 stating that, on the coming to an end of an introductory tenancy, it will become a flexible tenancy.
- (2) A person to whom the offer is made or on whom the notice is served (“ the person concerned ”) may request a review of the prospective landlord's decision about the length of the term of the tenancy.
- (3) The review may only be requested on the basis that the length of the term does not accord with a policy of the prospective landlord as to the length of the terms of the flexible tenancies it grants.
- (4) A request for a review must be made before the end of—
- (a) the period of 21 days beginning with the day on which the person concerned first receives the offer or notice, or
- (b) such longer period as the prospective landlord may in writing allow.
- (5) On a request being duly made to it, the prospective landlord must review its decision.
- (6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.
- (7) The regulations may, in particular, make provision—
- (a) requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and
- (b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
- (8) The prospective landlord must notify the person concerned in writing of the decision on the review.
- (9) If the decision is to confirm the original decision, the prospective landlord must also notify the person of the reasons for the decision.
- (10) Regulations under this section—
- (a) may contain transitional or saving provision;
- (b) are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
107C
- (1) It is a term of every flexible tenancy that the tenant may terminate the tenancy in accordance with the following provisions of this section.
- (2) The tenant must serve a notice in writing on the landlord stating that the tenancy will be terminated on the date specified in the notice.
- (3) That date must be after the end of the period of four weeks beginning with the date on which the notice is served.
- (4) The landlord may agree with the tenant to dispense with the requirement in subsection (2) or (3).
- (5) The tenancy is terminated on the date specified in the notice or (as the case may be) determined in accordance with arrangements made under subsection (4) only if on that date—
- (a) no arrears of rent are payable under the tenancy, and
- (b) the tenant is not otherwise materially in breach of a term of the tenancy.
107D
- (1) Subject as follows, on or after the coming to an end of a flexible tenancy a court must make an order for possession of the dwelling-house let on the tenancy if it is satisfied that the following conditions are met.
- (2) Condition 1 is that the flexible tenancy has come to an end and no further secure tenancy (whether or not a flexible tenancy) is for the time being in existence, other than a secure tenancy that is a periodic tenancy (whether or not arising by virtue of section 86).
- (3) Condition 2 is that the landlord has given the tenant not less than six months' notice in writing—
- (a) stating that the landlord does not propose to grant another tenancy on the expiry of the flexible tenancy,
- (b) setting out the landlord's reasons for not proposing to grant another tenancy, and
- (c) informing the tenant of the tenant's right to request a review of the landlord's proposal and of the time within which such a request must be made.
- (4) Condition 3 is that the landlord has given the tenant not less than two months' notice in writing stating that the landlord requires possession of the dwelling-house.
- (5) A notice under subsection (4) may be given before or on the day on which the tenancy comes to an end.
- (6) The court may refuse to grant an order for possession under this section if—
- (a) the tenant has in accordance with section 107E requested a review of the landlord's proposal not to grant another tenancy on the expiry of the flexible tenancy, and
- (b) the court is satisfied that the landlord has failed to carry out the review in accordance with provision made by or under that section or that the decision on the review is otherwise wrong in law.
- (7) If a court refuses to grant an order for possession by virtue of subsection (6) it may make such directions as to the holding of a review or further review under section 107E as it thinks fit.
- (8) This section has effect notwithstanding that, on the coming to an end of the flexible tenancy, a periodic tenancy arises by virtue of section 86.
- (9) Where a court makes an order for possession of a dwelling-house by virtue of this section, any periodic tenancy arising by virtue of section 86 on the coming to an end of the flexible tenancy comes to an end (without further notice and regardless of the period) in accordance with section 82(2).
- (10) This section is without prejudice to any right of the landlord under a flexible tenancy to recover possession of the dwelling-house let on the tenancy in accordance with this Part.
107E
- (1) A request for a review of a landlord's decision to seek an order for possession of a dwelling-house let under a flexible tenancy must be made before the end of the period of 21 days beginning with the day on which the notice under section 107D(3) is served.
- (2) On a request being duly made to it, the landlord must review its decision.
- (3) The review must, in particular, consider whether the decision is in accordance with any policy of the landlord as to the circumstances in which it will grant a further tenancy on the coming to an end of an existing flexible tenancy.
- (4) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.
- (5) The regulations may, in particular, make provision—
- (a) requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and
- (b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
- (6) The landlord must notify the tenant in writing of the decision on the review.
- (7) If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.
- (8) The review must be carried out, and the tenant notified, before the date specified in the notice of proceedings as the date after which proceedings for the possession of the dwelling-house may be begun.
- (9) Regulations under this section—
- (a) may contain transitional or saving provision;
- (b) are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
Proceedings for possession or termination: notice requirements.
Determination of value: review notices
Review of determination of value
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meaning of “qualified accountant”.
- Duty of landlord to convey freehold or grant lease.
Effect of final demolition notice served before completion
Proceedings for possession or termination: notice requirements.
Additional requirements in relation to certain proceedings for possession.
Secure tenancies.
Landlord’s second notice to complete.
Extended discretion of court in certain proceedings for possession.
Demotion because of anti-social behaviour
Proceedings for possession or termination:general notice requirements.
Vesting orders for purposes of s. 164.
Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
Devolution of term certain.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meaning of “qualified accountant”.
Provisions restricting right to buy, etc. of no effect.
Compliance with minimum standards in erection of houses.
Offences.
Meaning of “qualified accountant”.
Homelessness and threatened homelessness.
Prefabs deemed to be houses provided under this Part.
Meaning of “qualified accountant”.
Secure tenancies.
The landlord condition.
The tenant condition.
Proceedings for possession or termination: general notice requirements.
Saving for rights arising from breach of covenant, &c.
Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
Grounds and orders for possession.
Absolute ground for possession for anti-social behaviour
The improvement for sale scheme.
Devolution of term certain.
Terms of advances and administration.
Power to make loans in other cases.
Disposal of certain Crown interests in land treated as disposal by public sector authority.
General enactments relating to compulsory purchase, &c., apply subject to this Part.
Landlord’s notice of purchase price and other matters.
Minor definitions: Part XVIII
Index of defined expressions: Part XVIII.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
Provision of information
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Determination of value: review notices
Procedure for removal or alteration of apparatus under s. 296.
Persons qualifying for compensation.
Disposal of certain Crown interests in land treated as disposal by public sector authority.
General enactments relating to compulsory purchase, &c., apply subject to this Part.
Exclusion of Rent Act protection.
Purchase price.
Termination of flexible tenancy by tenant
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Relevant disposals.
Treatment of options.
Agreements with housing co-operatives under superseded provisions.
Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
Exempted disposals.
Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
86A
- (1) A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—
- (a) P occupies the dwelling-house as P's only or principal home at the time of the tenant's death, and
- (b) P is the tenant's spouse or civil partner.
- (2) A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—
- (a) at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,
- (b) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and
- (c) P's succession is in accordance with that term.
- (3) Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 88.
- (4) In such a case, a person (“P”) is qualified to succeed the tenant if—
- (a) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and
- (b) P's succession is in accordance with that term.
- (5) For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.
- (6) Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).
- (7) Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated ... as the tenant's spouse or civil partner.
Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
Assignment in general prohibited.
Tenant’s improvements require consent.
Provisions as to consents required by s. 97.
Persons qualifying for compensation.
Consultation on matters of housing management.
Review of decisions relating to flexible tenancies
Termination of flexible tenancy by tenant
Assignments by way of exchange.
The right to buy.
Review of decisions relating to flexible tenancies
Lodgers and subletting.
Landlord’s notice in default.
Purchase price.
Termination of flexible tenancy by tenant
Limits on amount of discount
County court rules and directions.
Landlord’s second notice to complete.
Provisions as to consents required by s. 97.
Right excluded if minimum initial payment exceeds maximum initial payment.
The right to buy.
Persons qualifying for compensation.
Right of first refusal for landlord etc.
Restriction on disposal of dwelling-houses in National Parks, etc.
Treatment of options.
Secretary of State’s general power to intervene.
Cases in which right to buy is preserved.
Tenant’s improvements require consent.
Subsequent dealings: transfer of qualifying person to alternative accommodation.
Tenant’s improvements require consent.
Provisions as to consents required by s. 97.
Costs.
Jurisdiction of county court.
Minor definitions.
Provisions as to consents required by s. 97.
Provisions as to consents required by s. 97.
Landlord’s notice in default.
Effect of certain enforcement action under the Housing Act 2004
Purchase price.
Persons qualifying for compensation.
Landlord’s notice of purchase price and other matters.
Building becoming listed when acquired by agreement for clearance.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons qualifying for compensation.
Meaning of “common lodging house”.
Continuance of certain powers to borrow for housing purposes.
Meaning of “long tenancy”.
Meaning of “long tenancy”.
The right to buy.
Power to make loans in other cases.
Supplementary provisions as to regulations under s. 450A or 450B.
Purchase of equitable interests
Index of defined expressions: Part XIV.
- Duty of landlord to convey freehold or grant lease.
Grant of tenancy to former statutory tenant.
Meaning of “public sector authority”.
Review of determination of value
General enactments relating to compulsory purchase, &c., apply subject to this Part.
Exclusion of Rent Act protection.
Minor definitions: Part XVIII
Index of defined expressions: Part XVIII.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
Ground 15A
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Information to help tenants decide whether to exercise right to buy etc.
Provision of information
Review of determination of value
Variation of terms of secure tenancy.
Consultation on matters of housing management.
Flexible tenancies
County court rules and directions.
- Duty of landlord to convey freehold or grant lease.
Discount.
Terms and effect of conveyance or grant and mortgage.
Landlord’s second notice to complete.
Right to acquire on rent to mortgage terms.
Right excluded by entitlement to housing benefit.
Right excluded if minimum initial payment exceeds maximum initial payment.
Limits on amount of discount
Tenant’s initial share.
Tenant’s notice of intention.
Landlord’s notice in default.
Determination of landlord’s share, initial discount etc.
Change of landlord after notice claiming right to buy or right to a mortgage.
Terms and effect of conveyance or grant: general.
Redemption of landlord’s share.
Landlord’s first notice to complete.
Payments of rent attributable to purchase price etc.
Registration of title.
Amount of discount which may be demanded by landlord: right to buy
Right of first refusal for landlord etc.
Restriction on disposal of dwelling-houses in National Parks, etc.
Effect of initial demolition notice served before completion
Treatment of options.
Secretary of State’s general power to intervene.
Cases in which right to buy is preserved.
Extent of preserved right: qualifying persons and dwelling-houses.
Right of first refusal for landlord etc.
Landlord’s second notice to complete.
Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
Terms and effect of conveyance or grant: general.
Terms and effect of conveyance or grant: general.
Exclusion of leases where landlord is housing association and freeholder is a charity.
Redemption of landlord’s share.
Mortgage for securing redemption of landlord’s share.
Landlord’s first notice to complete.
Minor definitions.
Index of defined expressions: Part V
Payments of rent attributable to purchase price etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of title.
Repayment of discount on early disposal.
Registration of title.
Right of first refusal for landlord etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms
Right of first refusal for landlord etc.
Right of first refusal for landlord etc.
Right of first refusal for landlord etc.
Meaning of “common lodging house”.
Cases in which right to buy is preserved.
Control of expenditure by housing authorities on works of conversion or improvement.
Deposits in respect of maintenance or repair of mortgaged premises.
Recognised savings institutions.
Supplementary provisions as to regulations under s. 450A or 450B.
Purchase of equitable interests
Index of defined expressions: Part XIV.
Index of defined expressions: Part XV
Grant of tenancy to former statutory tenant.
Meaning of “public sector authority”.
Disposal of certain Crown interests in land treated as disposal by public sector authority.
General enactments relating to compulsory purchase, &c., apply subject to this Part.
Exclusion of Rent Act protection.
Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
Index of defined expressions: Part XVIII.
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.
The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Tenant’s notice claiming to exercise right to buy.
Provision of information
122A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension of the right to buy in parts of Wales
122B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landlord’s notice of purchase price and other matters.
Review of decisions relating to flexible tenancies
Determination of value: review notices
Discount.
Limits on amount of discount
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Change of landlord after notice claiming right to buy or right to a mortgage.
Effect of initial demolition notice served before completion
Terms and effect of conveyance or grant and mortgage.
Landlord’s second notice to complete.
Right to acquire on rent to mortgage terms.
Right excluded by entitlement to housing benefit.
Terms and effect of conveyance or grant and mortgage.
Tenant’s notice claiming right.
Tenant’s initial share.
Tenant’s notice of intention.
Determination of landlord’s share, initial discount etc.
Change of landlord after notice claiming right.
Duty of landlord to convey freehold or grant lease.
Terms and effect of conveyance or grant: general.
Redemption of landlord’s share.
Landlord’s first notice to complete.
Payments of rent attributable to purchase price etc.
Exempted disposals which end liability under covenants.
Right of first refusal for landlord etc.
Restriction on disposal of dwelling-houses in National Parks, etc.
Meaning of “compulsory disposal”.
Treatment of options.
Cases in which right to buy is preserved.
Cases in which right to buy is preserved.
Extent of preserved right: qualifying persons and dwelling-houses.
Modifications of this Part in relation to preserved right.
Retention of houses acquired for clearance.
Building becoming listed when acquired by agreement for clearance.
Power to repeal or amend local Acts.
Superseded contributions, subsidies, grants, and other financial matters.
Waiver or reduction of payments in case of property requiring repair or improvement.
Terms of advances and administration.
Power to make loans in other cases.
Supplementary provisions as to regulations under s. 450A or 450B.
Index of defined expressions: Part V
Repair notice in respect of unfit dwelling-house.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demolition orders: cleansing before demolition.
Effect of certain enforcement action under the Housing Act 2004
Supplementary provisions as to regulations under s. 450A or 450B.
Control of expenditure by housing authorities on works of conversion or improvement.
Deposits in respect of maintenance or repair of mortgaged premises.
Retention of houses acquired for clearance.
Control of expenditure by housing authorities on works of conversion or improvement.
Deposits in respect of maintenance or repair of mortgaged premises.
Recognised savings institutions.
Terms of advances and administration.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deposits in respect of maintenance or repair of mortgaged premises.
Recognised savings institutions.
Recognised savings institutions.
Power to make loans in other cases.
Supplementary provisions as to regulations under s. 450A or 450B.
Meaning of “dwelling” and “house”.
Minor definitions: Part XVIII
Index of defined expressions: Part XV
Grant of tenancy to former statutory tenant.
Meaning of “public sector authority”.
Disposal of certain Crown interests in land treated as disposal by public sector authority.
General enactments relating to compulsory purchase, &c., apply subject to this Part.
Exclusion of Rent Act protection.
Minor definitions: Part XVIII
Index of defined expressions: Part XVIII.
The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.
The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.
The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Information to help tenants decide whether to exercise right to buy etc.
Claim to share right to buy with members of family.
Estimates and information about service charges.
Landlord’s notice in default.
Information about housing allocation.
Review of determination of value
Reduction of discount where previous discount given.
Limits on amount of discount
Value of dwelling-house.
- Duty of landlord to convey freehold or grant lease.
Effect of final demolition notice served before completion
Landlord’s first notice to complete.
Change of landlord after notice claiming right to buy or right to a mortgage.
Right to acquire on rent to mortgage terms.
Right excluded by entitlement to housing benefit.
Right excluded if minimum initial payment exceeds maximum initial payment.
Tenant’s notice claiming right.
Landlord’s notice admitting or denying right.
Tenant’s notice of intention.
Notice of landlord’s share and initial discount.
Determination of landlord’s share, initial discount etc.
Change of landlord after notice claiming right.
Duty of landlord to convey freehold or grant lease.
Terms and effect of conveyance or grant: general.
Tenant’s initial share.
Determination of landlord’s share, initial discount etc.
Duty of landlord to convey freehold or grant lease.
Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms
Tenant’s initial share.
Consideration for disposal under section 156A
Treatment of deferred resale agreements for purposes of section 155
Meaning of “compulsory disposal”.
Secretary of State’s general power to intervene.
Modifications of this Part in relation to preserved right.
Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.
Subsequent dealings: transfer of qualifying person to alternative accommodation.
Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
Errors and omissions in notices.
Procedure for removal or alteration of apparatus under s. 296.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Minor definitions.
Index of defined expressions: Part V
Repair notice in respect of dwelling-houseor house in multiple occupation in state of disrepair but not unfit.
Content of demolition . . . .
Demolition orders: power to permit reconstruction of condemned house.
Demolition orders: substitution of prohibition order to permit use otherwise than for human habitation
Right of appeal against obstructive building order.
Costs.
Jurisdiction of county court.
Minor definitions.
Costs.
Jurisdiction of county court.
Power to repeal or amend local Acts.
Minor definitions.
Effect of certain enforcement action under the Housing Act 2004
Jurisdiction of county court.
Power to repeal or amend local Acts.
Minor definitions.
No person to keep a common lodging house unless registered.
Loans by Public Works Loan Commissioners.
Control of expenditure by housing authorities on works of conversion or improvement.
Recognised savings institutions.
Index of defined expressions: Part XIV.
Grant of tenancy to former statutory tenant.
Meaning of “public sector authority”.
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