Housing Act 1985

• (a) a shared ownership lease, or

• (b) the freehold acquired under the terms of a shared ownership lease,

the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme.

• (2) A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State; and any such approval may be made conditional upon compliance with requirements specified by him.

• (4) In this section “shared ownership lease” means—

• (a) a shared ownership lease granted in pursuance of Part V (the right to buy),

• (b) a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraphs 1 and 2 of Schedule 8 (terms of shared ownership lease: right to acquired additional shares and to acquire freehold),

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

• (d) a lease determined, or of a class or description determined, by the Secretary of State to be a shared ownership lease.

• (5) The fact that a lease becomes a shared ownership lease by virtue of . . . a determination under subsection (4)(d) does not affect the operation of the provisions of this Part in relation to a case where an application for assistance under this Part has previously been made.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of assistance to mortgagees.

568

• (1) The Secretary of State may by regulations make provision for conferring rights and obligations on a mortgagee of a defective dwelling where—

• (a) a power of sale (whether conferred by section 101 of the Law of Property Act 1925 or otherwise) is exercisable by the mortgagee, and

• (b) the mortgagor is eligible for assistance in respect of the defective dwelling.

• (2) The rights that may be so conferred are—

• (a) rights corresponding to those conferred by this Part on a person holding a relevant interest in the defective dwelling,

• (b) the right to require the purchasing authority to acquire in accordance with the regulations any interest in the defective dwelling to be disposed of in exercise of the power of sale, and

• (c) where the mortgagee is the purchasing authority, the right by deed to vest the dwelling in themselves;

and those rights may be conferred in place of rights conferred by this Part on any other person.

• (3) The regulations may provide that where the conditions in subsection (1)(a) and (b) are or have been satisfied, this Part, the power of sale in question and any enactment relating to the power of sale shall have effect subject to such modifications as may be specified in the regulations.

• (4) Where a defective dwelling is vested in a mortgagee in pursuance of—

• (a) regulations under this section, or

• (b) section 452 and Schedule 17 (vesting of dwelling-house in authority entitled to exercise power of sale),

the regulations may provide for the payment in respect of the vesting of an amount calculated on the assumption that none of the defective dwellings to which the designation in question relates is affected by the qualifying defect; and those enactments shall have effect subject to any such provisions.

• (5) Regulations under this section—

• (a) may make different provision for different cases and may make incidental and consequential provision; 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 “mortgagee” and “mortgagor” have the same meaning as in the Law of Property Act 1925.

Contributions by Secretary of State

Contributions by Secretary of State.

569

• (1) The Secretary of State may, if he thinks fit in any case, contribute towards the expense incurred by a local housing authority—

• (a) in giving assistance by way of reinstatement grant,

• (b) in giving assistance by way of repurchase of a dwelling which is a defective dwelling by virtue of a designation under section 528 (designation by Secretary of State), or

• (c) in making payments under section 549 (making up of consideration on disposal in pursuance of right of pre-emption, &c.) or section 550 (making up of compulsory purchase compensation).

• (2) The contributions shall be equal to the relevant percentage of the amount of the expense incurred

• (3) The relevant percentage is—

• (a) 90 per cent. in the case of reinstatement grant.

• (b) 75 per cent. in the case of repurchase or a payment under section 549 or 550 where there has at any time been a disposal of a relevant interest in the defective dwelling by the local housing authority or a predecessor of that authority, and

• (c) 100 per cent. in the case of repurchase or a payment under those sections not within paragraph (b);

or such other percentage as, in any of those cases, may be provided by order under section 570.

• (4) The amount of expense incurred is—

• (a) in the case of reinstatement grant, the amount of the grant,

• (b) in the case of repurchase, the price paid for the acquisition, together with any amount reimbursed under section 552 (incidental expenses), less the value of the interest at the relevant time determined in accordance with paragraph 8 of Schedule 20 (value for purposes of repurchase) but without the assumption required by paragraph 8(1)(a) (assumption that dwelling is defect free),

• (c) in the case of a payment under section 549 or 550, the amount of the payment.

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

• (6) Payment of contributions under this section is subject to the making of a claim in such form, and containing such particulars, as the Secretary of State may determine; and the contributions are payable at such times, in such manner and subject to such conditions, as to records, certificates, audit or otherwise, as the Secretary of State may, with the agreement of the Treasury, determine.

Power to vary relevant percentage.

570

• (1) The Secretary of State may by order made with the consent of the Treasury vary all or any of the percentages specified in section 569(3) (relevant percentages for purposes of contribution to expenditure of local housing authority) in respect of assistance or payments, or a class of assistance or payments, specified in the order.

• (2) An order—

• (a) may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision;

• (b) shall be made by statutory instrument; and

• (c) shall not be made unless a draft of it has been laid before and approved by a resolution of the House of Commons.

• (3) An order applies to assistance given or payments made in pursuance of applications made after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.

Supplementary provisions

Service of notices.

571

• (1) A notice or other document under this Part may be given to or served on a person, and an application or written request under this Part may be made to a person—

• (a) by delivering it to him or leaving it at his proper address, or

• (b) by sending it to him by post,

and also, where the person concerned is a body corporate, by giving or making it to or serving it on the secretary of that body.

• (2) For the purposes of this section, and of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section, the proper address of a person is—

• (a) in the case of a body corporate or its secretary, the address of the principal office of the body,

• (b) in any other case, his last known address,

and also, where an additional address for service has been specified by that person in a notice under section 548(2) (notice of intention to assume responsibility for repurchase), that address.

Jurisdiction of county court.

572

• (1) The county court has jurisdiction—

• (a) to determine any question arising under this Part notwithstanding that a declaration is the only relief sought, and

• (b) to entertain any proceedings brought in connection with the performance or discharge of obligations arising under this Part, including proceedings for the recovery of damages in the event of the obligations not being performed.

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

• sections 528(6) and 559(6) (questions of designation to be decided by designating authority), and

• section 551(3) and paragraph 9 of Schedule 20 (questions of valuation to be determined by district valuer).

• (3) Where an authority fail to extend or further extend a period when required to do so by—

• (a) section 542(3) (reinstatement grant: period within which work is to be completed), or

• (b) paragraph 2(2) or 6(2) of Schedule 20 (repurchase: period for service of request or notice by person entitled to assistance),

the county court may by order extend or futher extend that period until such date as may be specified in the order.

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

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “public sector authority”.

573

• (1) In this Part “public sector authority” means—

• a local authority (or a predecessor of a local authority),

• a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority),

• a National Park authority (or a predecessor of such an authority),

• . . .

• . . .

• a Welsh planning board,

• the Natural Resources Body for Wales,

• the National Rivers Authority

• the Relevant Authority,a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider),

• a registered social landlord other than a co-operative housing association (or a predecessor housing association of such a landlord),

• a new town corporation,

• . . .

• the British Coal Corporation, the Coal Authority, or

• the United Kingdom Atomic Energy Authority,

• or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions.

Disposal of certain Crown interests in land treated as disposal by public sector authority.

574

References in this Part to a disposal of an interest in a dwelling by a public sector authority include a disposal of—

• (a) an interest belonging to Her Majesty in right of the Crown,

• (b) an interest belonging to, or held in trust for Her Majesty for the purposes of, a government department or Minister of the Crown, or

• (c) an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

Meaning of “dwelling” and “house”.

575

• (1) In this Part “dwelling” means any house, flat or other unit designed or adapted for living in.

• (2) For the purposes of this Part a building so designed or adapted is a “house” if it is a structure reasonably so called; so that where a building is divided into units so designed or adapted—

• (a) if it is so divided horizontally, or a material part of a unit lies above or below another unit, the units are not houses (though the building as a whole may be), and

• (b) if it is so divided vertically, the units may be houses.

• (3) Where a house which is divided into flsts or other units is a defective dwelling in respect of which a person is eligible for assistance, the fact that it is so divided shall be disregarded for the purposes of section 538(1)(a) (first condition for assistance by way of reinstatement: that the dwelling is a house).

Meaning of “lending institution”.

576

In this Part “lending institution” means—

• an authorised deposit taker, or

• an authorised insurer.

Index of defined expressions: Part XVI.

577

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

PART XVII — COMPULSORY PURCHASE AND LAND COMPENSATION

Introductory

General enactments relating to compulsory purchase, &c., apply subject to this Part.

578

The Acquisition of Land Act 1981, the Compulsory Purchase Act 1965 and the Land Compensation Act 1961 apply to the compulsory purchase of land under this Act subject to the following provisions of this Part.

Special provision as regards acquisition of land for clearance.

579

Compulsory purchase

Incorporation of enactments relating to mineral rights.

580

Acquisition of commons, open spaces, &c.

581

• (1) In so far as a compulsory purchase order under section 290 (acquisition of land for clearance) authorises the purchase of land forming part of a common, open space or allotment, the order shall be subject to special parliamentary procedure except where it provides for giving in exchange for such land other land, not being less in area, certified by the Secretary of State to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public.

• (2) Before giving a certificate the Secretary of State shall give public notice of the proposed exchange, shall afford opportunities to all persons interested to make representations and objections in relation to it and shall, if necessary, hold a local inquiry on the subject.

• (3) An order which authorises such an exchange shall provide for—

• (a) vesting the land given in exchange in the persons in whom the common, open space or allotment was vested, subject to the same rights, trusts and incidents as attached to the common, open space or allotment, and

• (b) discharging the land acquired from all rights, trusts and incidents to which it was previously subject.

• (3) In this section—

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “open space” means any land laid out as a public garden or used for the purposes of public recreation, or land which is a disused burial ground;

• “allotment” means any allotment set out as a fuel or field garden allotment under an Inclosure Act.

Restriction on recovery of possession after making of compulsory purchase order.

582

• (1) This section applies where a local housing authority have made a compulsory purchase order authorising—

• (a) the acquisition of a house in multiple occupation under—

• section 17 (provision of housing),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• section 300 (purchase of condemned house for temporary housing use), or

• (b) the acquisition of land under section 93(2) of the Local Government and Housing Act 1989 (land in renewal area on which there are premises consisting of or including housing accommodation),

and within the period specified in subsection (2) proceedings for possession of premises forming part of the house or land in question are brought in the county court against a person who was the lessee of the premises when the order was made, or became the lessee after the order was made, but is no longer the lessee.

• (2) The period referred to in subsection (1) is the period beginning with the making of the compulsory purchase order and ending with—

• (a) the final day of the period of three years beginning with the date on which the order became operative, or

• (b) any earlier date on which the Secretary of State notifies the authority that he declines to confirm the order or the order is quashed by a court.

• (3) Where this section applies the court may suspend the execution of any order for possession for such period, and subject to such conditions, as it thinks fit.

• (4) The period of suspension ordered by the court shall not extend beyond the end of the period of three years beginning with the date on which the court makes its order or, if earlier, the date on which the compulsory purchae order became operative.

• (6A) If the compulsory purchase order specifies a period longer than three years under section 13D of the Acquisition of Land Act 1981, the references in this section to the period of three years are to be read as references to the period specified in the order.

• (5) The court may from time to time vary the period of suspension (but not so as to enlarge it beyond the end of the period of three years referred to in subsection (4)), or terminate it, or vary the terms of the order in other respects.

• (6) If at any time—

• (a) the Secretary of State notifies the authority that he declines to confirm the compulsory purchase order, or the order is quashed by a court, or

• (b) the authority decide, whether before or after the order has been submitted to the Secretary of State for confirmation, not to proceed with it,

the authority shall notify the person entitled to the benefit of the order for possession and that person shall be entitled, on applying to the court, to obtain an order terminating the period of suspension, but subject to the exercise of the same discretion in fixing the date on which possession is to be given as the court might exercise if it were then making an order for possession for the first time.

• (7) This section does not apply—

• (a) where the person entitled to possession of the premises is the local housing authority;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In this section “house in multiple occupation” has the meaning given by sections 254 to 259 of the Housing Act 2004 for the purposes of that Act (other than Part 1).

Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.

583

• (1) Where a local housing authority—

• (a) are authorised to purchase compulsorily a house which is to be used for housing purposes, and

• (b) have acquired the right to enter on and take possession of the house by virtue of having served a notice under section 11 of the Compulsory Purchase Act 1965,

they may, instead of exercising that right by taking actual possession of the house, proceed by serving notice on any person then in occupation of the house, or part of it, authorising him to continue in occupation upon terms specified in the notice or on such other terms as may be agreed.

• (2) Where the authority proceed in accordance with subsection(1)—

• (a) the like consequences follow with respect to the determination of the rights and liabilities of any person arising out of any interest of his in the house, or a part of it, and

• (b) the authority may deal with the premises in all respects,

as if they had taken actual possession on the date of the notice.

• (3) A person who by virtue of this section ceases to be entitled to receive rent in respect of the premises shall be deemed for the purposes of section 20 of the Compulsory Purchase Act 1965 (compensation of tenants, &c.) to have been required to give up possession of the premises.

• (4) In this section “house” includes—

• (a) any part of a building which is occupied as a separate dwelling, and

• (b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

Power to enter and determine short tenancies of land acquired or appropriated.

584

• (1) This section applies where a local housing authority have agreed to purchase or have determined to appropriate land for the purposes of—

• Part II (provision of housing),

• Part VIII (area improvement), . . .

• the provisions of Part IX relating to clearance areas or

• Part VII of the Local Government and Housing Act 1989 (renewal areas),

subject to the interest of the person in possession of the land.

• (2) If that person’s interest is not greater than that of a tenant for a year, or from year to year, the authority may, after giving him not less than 14 days’ notice, enter on and take possession of the land, or such part of the land as is specified in the notice, without previous consent.

• (3) The power conferred by subsection (2) may be exercised at any time after the making of the agreement or determination, except where the appropriation requires Ministerial consent in which case the power is not exercisable until that consent has been given.

• (4) The exercise of the local housing authority’s power under subsection (2) is subject to the payment to the person in possession of the like compensation, and interest on the compensation awarded, as would be payable if—

• (a) the authority had been authorised to acquire the land compulsorily, and

• (b) that person had been required in pursuance of their powers in that behalf to quit possession before the expiry of his term or interest in the land;

but without any necessity for compliance with section 11 of the Compulsory Purchase Act 1965 (which prohibits entry on the land acquired before the compensation has been ascertained and paid or secured).

Site value compensation for unfit houses and related matters

Site value compensation for unfit houses.

585

Payments in respect of well maintained houses.

586

The provisions of Schedule 23 have effect as regards payments in respect of well maintained houses purchased at site value or demolished or closed under this Act.

Payments in respect of houses which are owner-occupied or used for business purposes.

587

The provisions of Schedule 24 have effect as regards payments in respect of houses purchased at site value or demolished or closed under this Act, as follows—

• Part I: Payments in respect of owner-occupied houses.

• Part II: Payments in respect of houses used for business purposes.

Avoidance of double compensation.

588

• (1) Where a payment falls to be made in respect of an interest in a house under Schedule 24 (payments in respect of houses which are owner-occupied or used for business purposes), no payment shall be made in respect of that house under Schedule 23 (payments for well maintained houses) unless the other payment relates to part only of the house, and in that case such part only of the amount which would otherwise be payable in accordance with Schedule 23 shall be payable as may reasonably be attributable to the remainder of the house.

• (2) In Schedules 23 and 24 references to a demolition order do not include such an order in respect of a house already subject to a closing order so far as it affects any part of the house in relation to which a payment under either of those Schedules has fallen to be made in respect of the closing order.

Maximum and minimum compensation where s. 585 applies.

589

• (1) Subject to the following provisions of this section, the compensation payable in respect of a compulsory acquisition in relation to which section 585 applies (site value compensation) shall not in any event exceed the amount which would have been payable if—

• (a) that section did not apply, and

• (b) in a case where any of the relevant land is in a clearance area, that area had not been declared to be a clearance area,

but in all other respects the acquisition had been effected in the circumstances in which it actually is effected.

• (2) Where section 585 applies in relation to a compulsory acquisition of land which consists of or includes the whole or part of a house and—

• (a) on the date of the making of the compulsory purchase order the person then entitled to the relevant interest was, in right of that interest, in occupation of the house, or part of it, as a private dwelling, and

• (b) that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or if he has died before that date, continued to be entitled to that interest immediately before his death,

the amount of the compensation payable in respect of the acquisition of that interest, together with any amount payable under Schedules 23 or 24 (payments for well maintained houses and houses which are owner-occupied or used for business purposes), shall not in any event be less than the gross value of the dwelling.

• (3) The gross value of the dwelling for this purpose shall be determined as follows—

• (a) if the dwelling constitutes the whole of the house, its gross value is that shown in the valuation list in force on the date of service of the notice to treat as the gross value of the house for rating purposes;

• (b) if the dwelling is only part of the house, its gross value is the amount certified by the district valuer as being properly attributable to the dwelling on an apportionment of the gross value of the house as determined under paragraph (a).

• (4) The gross value of a dwelling whose rateable value is by virtue of subsection (1) of section 19 of the General Rate Act 1967 to be taken to be its next annual value, as ascertained in accordance with subsections (2) to (4) of that section, shall be taken to be its corresponding gross value.

• (5) The corresponding gross value means a gross value which would be equivalent to the net annual value of the dwelling as shown in the valuation list if there were deducted any amount that by virtue of an order made or falling to be treated as made under section 19(2) of the General Rate Act 1967 would be deducted from the gross value of the dwelling if it had been required to be assessed to its gross value instead of its net annual value.

• (6) If more than one value is so ascertained to be the corresponding gross value, the highest value so ascertained shall be taken.

Repayment on revocation of demolition or closing order.

590

• (1) Where a payment in respect of a house has been made by a local housing authority under Schedule 23 or 24 in connection with a demolition or closing order and—

• (a) the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of house), or

• (b) the closing order is determined under section 278 (determination of closing order on premises being rendered fit),

then, if at that time the person to whom the payment was made is entitled to an interest in the house, he shall on demand repay the payment to the authority.

• (2) In subsection (1) “interest” in the house does not include the interest of a tenant for a year or any less period or of a statutory tenant.

• (3) Where by virtue of section 278 a closing order is determined as respects part of the premises to which it relates and—

• (a) a payment has been made by the local housing authority in respect of the premises in pursuance of Schedule 23 or 24, and

• (b) if the order and payment had related only to that part of the premises any person would by virtue of subsection (1) have been liable on demand to repay the payment to the authority,

that person shall on demand pay to the authority an amount equal to the appropriate fraction of the payment.

• (4) The appropriate fraction of the payment is, except where subsection (5) applies, the fraction obtained by dividing the rateable value of the part of the premises in question by the rateable value of the premises.

• (5) If the payment was reduced in pursuance of paragraph 4(3) of Part I of Schedule 24 (reduction where part of premises not occupied for purposes of private dwelling), the appropriate fraction is the fraction obtained by dividing the rateable value of so much of the part of the premises in question as was used for the purposes of a private dwelling by the rateable value of so much of the premises as was so used.

• (6) For the purposes of subsections (4) and (5) the rateable value of premises or a portion of them is—

• (a) if the premises or portion are a hereditament for which a rateable value is shown in the valuation list in force on the date on which the closing order was made, that rateable value;

• (b) if the premises or portion form part only of such a hereditament, or consist of or form part of more than one such hereditament, such value as is found by a proper apportionment or aggregation of the rateable value or values shown;

and any question arising as to the proper apportionment or aggregation of any value or values shall be referred to and determined by the district valuer.

Modifications of obligations under mortgages etc.

591

• (1) This section applies where—

• (a) a house is purchased at site value in accordance with section 585 (site value compensation for unfit houses), or

• (b) is vacated in pursuance of a demolition or closing order under section 265 (unfit houses beyond repair at reasonable cost), or

• (c) might have been the subject of such a demolition order but is vacated and demolished in pursuance of an undertaking for its demolition given to the local housing authority.

• (2) Where this section applies and a relevant interest in the house is subject to a mortgage or charge, or to an agreement to purchase by instalments, either party to the mortgage, charge or agreement may apply to the county court which may, after giving the other party an opportunity to be heard, make an order—

• (a) in the case of a house which has been purchased compulsorily, discharging or modifying any outstanding liabilities of the holder of the interest by virtue of any bond, covenant or other obligation with respect to the debt secured by the mortgage or charge or by virtue of the agreement, or

• (b) in the case of a house vacated in pursuance of a demolition or closing order, or of an undertaking, discharging or modifying the terms of the mortgage, charge or agreement,

and in either case either unconditionally or subject to such terms and conditions, including conditions with respect to the payment of money, as the court may think just and equitable to impose.

• (3) An interest is a relevant interest for the purposes of this section if—

• (a) a payment in respect of it falls to be made under Part I of Schedule 24 (payments in respect of owner-occupied houses), and

• (b) it is subject to the mortgage, charge or agreement, at the date when the house is purchased compulsorily or, as the case may be, vacated.

• (4) An interest is also a relevant interest for the purposes of this section if—

• (a) it is an interest in right of which, at the date of the making of the compulsory purchase or other order, or the giving of the undertaking, a person occupies the whole or part of the house as a private dwelling, and

• (b) that person continues to own the interest until the end of the period mentioned in subsection (5), and

• (c) the interest is subject to the mortgage, charge or agreement throughout that period.

• (5) The period referred to in subsection (4) is the period from the date of the making of the compulsory purchase or other order, or the giving of the undertaking to—

• (a) in the case of a compulsory purchase order, the date of service of notice to treat (or deemed notice to treat) for purchase of the interest or, if the purchase is effected without service of notice to treat, the date of completion of the purchase, and

• (b) in the case of any other order or of an undertaking, the date of vacation of the house in pursuance of the order or undertaking,

or, if the owner of the interest died before the date specified in paragraph (a) or (b), to the date of death.

• (6) In this section—

• “house” includes any building constructed or adapted wholly or partly as, or for the purposes of, a dwelling; and

• “interest” in a house does not include the interest of a tenant for a year or any less period or of a statutory tenant.

Factors to be considered in proceedings under s. 591.

592

• (1) In determining what order, if any, to make under section 591 (modification of obligations under mortgage, &c.) the court shall have regard to all the circumstances of the case, and in particular to the following matters.

• (2) In the case of a mortgage or charge the court shall have regard to whether the mortgagee or person entitled to the benefit of the charge acted reasonably in advancing the principal sum on the terms of the mortgage or charge; and that person shall be deemed to have acted unreasonably if, at the time when the mortgage or charge was made, he knew or ought to have known that in all the circumstances of the case the terms of the mortgage or charge did not afford sufficient security for the principal sum advanced.

• (3) In the case of a mortgage or charge the court shall have to regard to the extent to which the house may have become unfit for human habitation owing to default on the part of the mortgagor or person entitled to the interest charged in carrying out any obligation under the terms of the mortgage or charge with respect to the repair of the house.

• (4) In the case of a mortgage or charge securing a sum which represents all or any part of the purchase price payable for the interest, the court shall have regard to whether the purchase price was excessive.

• (5) In the case of an agreement to purchase by instalments the court shall have regard to how far—

• (a) the amount already paid by way of principal, or

• (b) where the house has been purchased compulsorily the aggregate of that amount and so much, if any, of the compensation in respect of the compulsory purchase as falls to be paid to the vendor,

represents an adequate price for the purchase.

Other land Compensation Matters

Compensation where compulsory purchase order deemed to be made under different provision.

593

Compensation where land deemed to be appropriated for purposes of Part II.

594

• (1) This section applies where an interest in land in a clearance area is, by virtue of—

• section 305(6)(a) (building becoming listed when subject to compulsory purchase for clearance),

• section 306(2) (building becoming listed when acquired by agreement for clearance), or

• paragraph 6 of Schedule 11 (building in respect of which rehabilitation order is made),

to be treated as appropriated for the purposes of Part II (provision of housing).

• (2) Compensation for the compulsory acquisition of the interest shall, where it increases the amount, be assessed to re-assessed in accordance with the provisions applying to a compulsory acquisition under Part II.

• (3) Where the interest is acquired by agreement (after the declaration of the clearance area), compensation shall, where subsection (2) would have increased the amount, be assessed and paid as if the acquisition were a compulsory acquisition under section 290 (acquisition of land for clearance) to which subsection (2) above applied; but there shall be deducted from the amount of compensation so payable any amount previously paid in respect of the acquisition of that interest by the authority.

• (4) Where subsection (2) or (3) applies, the local housing authority shall not later than six months after (as the case may be)—

• (a) the relevant date as defined in section 305(3), or

• (b) the date on which the rehabilitation order becomes operative in accordance with paragraph 14 of Schedule 11,

serve on the person entitled to the compensation a notice in the prescribed form giving particulars of the amount of compensation payable in accordance with the provisions applying to a compulsory acquisition under Part II.

• (5) If the person served does not, within 21 days from service of the notice, accept the particulars, or if he disputes the amount stated, the question of disputed compensation shall be referred to the Lands Tribunal.

• (6) References in this section to an increase in compensation shall be read as if payments under—

• Schedule 23 (payments for well maintained houses),

• Schedule 24 (payments in respect of houses which are owner-occupied or used for business purposes), and

• section 37 of the Land Compensation Act 1973 (disturbance payments for persons without compensatable interests),

and any extra-statutory payments by way of additional compensation were, to the extent that they were made to the person holding the interest in question, compensation in respect of the compulsory purchase.

Application of other enactments where s. 594 applies.

595

• (1) Section 30 of the Compulsory Purchase Act 1965 (service of notices) applies to the notice to be served under section 594(4) (notice of particulars of compensation).

• (2) Section 594(2) shall be left out of account in considering whether under section 22 of the Compulsory Purchase Act 1965 (procedure for acquiring interest mistakenly omitted from purchase) compensation has been properly paid for the land, and accordingly does not prevent an acquiring authority from remaining in undisputed possession of the land.

• (3) Where section 594(2) makes an increase in compensation to be assessed in accordance with Schedule 2 to the Compulsory Purchase Act 1965 (absent and untraced owners)—

• (a) a deed poll executed under paragraph 2(2) of that Schedule before the latest date for service of a notice under section 594(4) is not invalid because the increase in compensation has not been paid, and

• (b) the local housing authority, shall not later than six months after that date, proceed under that Schedule to pay the proper additional amount into court.

• (4) A sum payable by virtue of section 594 carries interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the time of entry on the land by the local housing authority, or from vesting of the land or interest, whichever is the earlier, until payment.

Power to compensate shop-keepers in areas affected by clearance.

596

Where, as a result of action taken by a local housing authority under the provisions of Part IX relating to clearance areas, the population of the locality is materially decreased, the authority may pay to any person carrying on a retail shop in the locality such reasonable allowance as they think fit towards any loss involving personal hardship which in their opinion he will thereby sustain, but in estimating any such loss they shall have regard to the probable future development of the locality.

Compensation payable on demolition of obstructive building.

597

• (1) Where a building is demolished under section 287 (execution of obstructive building order), whether by the owner or by the local housing authority, compensation shall be paid by the authority to the owner in respect of loss arising from the demolition.

• (2) The compensation shall be assessed in accordance with Part I of the Land Compensation Act 1961 (determination of questions of disputed compensation).

• (3) In assessing the compensation no allowance shall be made on account of the demolition being compulsory.

Disregard of things done to obtain increased compensation.

598

Application of compensation due to another local authority.

599

Compensation payable in respect of land of another local authority in pursuance of a compulsory purchase under—

• section 17 (provision of housing),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

• section 290 (acquisition of land for clearance), or

• section 300 (purchase of condemned house for temporary housing use)

which would otherwise be paid into court in accordance with Schedule 1 to the Compulsory Purchase Act 1965 (purchase from persons not having power to dispose) may, if the Secretary of State consents, instead be paid and applied as he may determine.

Supplementary provisions

Powers of entry.

600

• (1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving seven days 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 where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises.

• (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.

Penalty for obstruction.

601

• (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 committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.

Minor definitions.

602

In this Part—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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 or part of the premises under a lease of which the unexpired term exceeds three years.

Index of defined expressions: Part XVII.

603

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

PART XVIII — MISCELLANEOUS AND GENERAL PROVISIONS

General provisions relating to housing conditions

Fitness for human habitation.

604

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

Periodic inspection of district by local housing authority.

605

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

Reports on particular houses or areas.

606

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

Environmental considerations

Local housing authority to have regard to environmental considerations.

607

A local housing authority in preparing any proposals for the provision of housing accommodation, or in taking any action under this Act, shall have regard to—

• (a) the beauty of the landscape or countryside,

• (b) the other amenities of the locality, and

• (c) the desirability of preserving existing works of architectural, historic or artistic interest;

and they shall comply with such directions in that behalf as may be given to them by the Secretary of State.

Acquisition of ancient monuments, &c.

608

Land which is the site of an ancient monument or other object of archaeological interest—

• (a) may not be acquired for the purposes of . . . Part IX (slum clearance), and

• (b) may be acquired for the purposes of Part II (provision of housing) only by compulsory purchase order.

Enforceability of covenants, &c.

Enforcement of covenants against owner for the time being.

609

Where—

• (a) a local housing authority have disposed of land held by them for any of the purposes of this Act and the person to whom the disposal was made has entered into a covenant with the authority concerning the land, or

• (b) an owner of any land has entered into a covenant with the local housing authority concerning the land for the purposes of any of the provisions of this Act,

the authority may enforce the covenant against the persons deriving title under the covenantor, notwithstanding that the authority are not in possession of or interested in any land for the benefit of which the covenant was entered into, in like manner and to the like extent as if they had been possessed of or interested in such land.

Power of court to authorise conversion of house into flats.

610

• (1) The local housing authority or a person interested in any premises may apply to the county court where—

• (a) owing to changes in the character of the neighbourhood in which the premises are situated, they cannot readily be let as a single dwelling-house but could readily be let for occupation if converted into two or more dwelling-houses, or

• (b) planning permission has been granted under Part III (general planning control) or, in relation to England, Part 13 (application to Crown land) of the Town and Country Planning Act 1990 for the use of the premises as converted into two or more separate dwelling-houses instead of as a single dwelling-house,

and the conversion is prohibited or restricted by the provisions of the lease of the premises, or by a restrictive covenant affecting the premises, or otherwise.

• (2) The court may, after giving any person interested an opportunity of being heard, vary the terms of the lease or other instrument imposing the prohibition or restriction, subject to such conditions and upon such terms as the court may think just.

Miscellaneous powers of local housing authorities

Removal or alteration of apparatus of statutory undertakers.

611

• (1) Where by reason of the stopping up, diversion or alteration of the level or width of a street by a local housing authority under powers exercisable by them by virtue of this Act—

• (a) the removal or alteration of apparatus belonging to statutory undertakers, or

• (b) the execution of works for the provision of substituted apparatus, whether permanent or temporary,

is reasonably necessary for the purposes of their undertaking, the statutory undertakers may by notice in writing served on the authority require them to remove or alter the apparatus or to execute the works.

• (2) Where such a requirement is made and not withdrawn, the authority shall give effect to it unless—

• (a) they serve notice in writing on the undertakers of their objection to the requirement within 28 days of the service of the notice upon them and

• (b) the requirement is determined by arbitration to be unreasonable.

• (3) At least seven days before commencing any works which they are required under this section to execute, the authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention to do so; and if the undertakers so elect within seven days from the date of service of the notice on them, they shall themselves execute the works.

• (4) If the works are executed by the authority, they shall be executed at the authority’s expense and under the superintendence (also at the authority’s expense) and to the reasonable satisfaction of the undertakers; and if the works are executed by the undertakers, they shall be executed in accordance with the reasonable directions and to the reasonable satisfaction of the authority, and the reasonable costs of the works shall be repaid to the undertakers by the authority.

• (5) Any difference arising between statutory undertakers and a local housing authority under subsection (3) or (4), and any matter which by virtue of subsection (2)(b) is to be determined by arbitration, shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the Secretary of State.

• (6) In this section—

• (a) “statutory undertakers” means any persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, . . . , . . . or other public undertaking;

• (b) “apparatus” means sewers, drains, culverts, watercourses, mains, pipes, valves, tubes, cables, wires, transformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying street lamps;

• (c) references to the alteration of apparatus include diversion and the alteration of position or level.

General provisions

Exclusion of Rent Act protection.

612

Nothing in the Rent Acts , or the Renting Homes (Wales) Act 2016 (anaw 1) or Part I of the Housing Act 1988 prevents possession being obtained of a dwelling-house of which possession is required for the purpose of enabling a local housing authority to exercise their powers under any enactment relating to housing.

Liability of directors, &c. in case of offence by body corporate.

613

• (1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Power to prescribe forms &c.

614

• (1) The Secretary of State may by regulations prescribe—

• (a) anything which by this Act is to be prescribed; or

• (b) the form of any notice, advertisement, statement or other document which is required or authorised to be used under or for the purposes of this Act.

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

• (3) The power conferred by this section is not exercisable where specific provision for prescribing a thing, or the form of a document, is made elsewhere.

Dispensation with advertisements and notices.

615

• (1) The Secretary of State may dispense with the publication of advertisements or the service of notices required to be published or served by a local authority under this Act if he is satisfied that there is reasonable cause for dispensing with the publication or service.

• (2) A dispensation may be given by the Secretary of State—

• (a) either before or after the time at which the advertisement is required to be published or the notice is required to be served, and

• (b) either unconditionally or upon such conditions, as to the publication of other advertisements or the service of other notices or otherwise, as the Secretary of State thinks fit,

due care being taken by him to prevent the interests of any persons being prejudiced by the dispensation.

Local inquiries.

616

For the purposes of the execution of his powers and duties under this Act, the Secretary of State may cause such local inquiries to be held as he may think fit.

Service of notices.

617

• (1) Where under any provision of this Act it is the duty of a local housing authority to serve a document on a person who is to the knowledge of the authority—

• (a) a person having control of premises, however defined, or

• (b) a person managing premises, however defined, or

• (c) a person having an estate or interest in premises, whether or not restricted to persons who are owners or lessees or mortgagees or to any other class of those having an estate or interest in premises,

the authority shall take reasonable steps to identify the person or persons coming within the description in that provision.

• (2) A person having an estate or interest in premises may for the purposes of any provision to which subsection (1) applies give notice to the local housing authority of his interest in the premises and they shall enter the notice in their records.

• (3) A document required or authorised by this Act to be served on a person as being a person having control of premises (however defined) may, if it is not practicable after reasonable enquiry to ascertain the name or address of that person, be served by—

• (a) addressing it to him by the description of “person having control of” the premises (naming them) to which it relates, and

• (b) delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

• (4) Where under any provision of this Act a document is to be served on—

• (a) the person having control of premises, however defined, or

• (b) the person managing premises, however defined, or

• (c) the owner of premises, however defined,

and more than one person comes within the description in the enactment, the document may be served on more than one of those persons.

The Common Council of the City of London.

618

• (1) The Common Council of the City of London may appoint a committee, consisting of so many persons as they think fit, for any purposes of this Act or the Housing Accociations Act 1985 which in their opinion may be better regulated and managed by means of a committee.

• (2) A committee so appointed—

• (a) shall consist as to a majority of its members of members of the Common Council, and

• (b) shall not be authorised to borrow money or to make a rate,

and shall be subject to any regulations and restrictions which may be imposed by the Common Council.

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

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

The Inner and Middle Temples.

619

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

• (2) The provisions of Parts I to XI and XIII to XVIII of this Act are among those for which provision may be made by Order in Council under section 94 of the Local Government Act 1985 (general power to provide for exercise of local authority functions as respects the Temples).

The Isles of Scilly.

620

• (1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

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

Meaning of “lease” and “tenancy” and related expressions.

621

• (1) In this Act “lease” and “tenancy” have the same meaning.

• (2) Both expressions include—

• (a) a sub-lease or sub-tenancy, and

• (b) an agreement for a lease or tenancy (or sub-lease or sub-tenancy).

• (3) The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.

Minor definitions: general.

622

• (1) In this Act—

• “assured tenancy” has the same meaning as in Part I of the Housing Act 1988;

• “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988;

• “authorised deposit taker” means—a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits, .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “authorised insurer” means—a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “authorised mortgage lender” means— a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to enter into a regulated mortgage contract as lender,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “building regulations” means—building regulations made under Part I of the Building Act 1984,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .any provision of a local Act, or of a byelaw made under a local Act, dealing with the construction and drainage of new buildings and the laying out and construction of new streets;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “cemetery” has the same meaning as in section 214 of the Local Government Act 1972;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “district valuer”, in relation to any land in the district of a local housing authority, means an officer of the Commissioners of Inland Revenue appointed by them for the purpose of exercising, in relation to that district, the functions of the district valuer under this Act;

• “friendly society” means a friendly society, or a branch of a friendly society, registered under the Friendly Societies Act 1974 or earlier legislation;

• “general rate fund” means—in relation to the Council of the Isles of Scilly, the general fund of that council;in relation to the Common Council of the City of London, that council’s general rate;

• “hostel” means a building in which is provided, for persons generally or for a class or classes of persons—residential accommodation otherwise than in separate and self-contained sets of premises, andeither board or facilities for the preparation of food adequate to the needs of those persons, or both;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “protected occupancy” and “protected occupier” have the same meaning as in the Rent (Agriculture) Act 1976;

• “protected tenancy” has the same meaning as in Rent Act 1977;

• “regular armed forces of the Crown” means the regular forces as defined by section 374 of the Armed Forces Act 2006;

• “the Rent Acts” means the Rent Act 1977 and the Rent (Agriculture) Act 1976;

• “restricted contract” has the same meaning as in the Rent Act 1977;

• “shared ownership lease” means a lease—granted on payment of a premium calculated by reference to a percentage of the value of the dwelling or of the cost of providing it, orunder which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “statutory tenancy” and “statutory tenant” means a statutory tenancy or statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976;

• “street” includes any court, alley, passage, square or row of houses, whether a thoroughfare or not;

• “subsidiary”has the meaning given by section 1159 of the Companies Act 2006;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The definitions of “authorised deposit taker” , “authorised insurer” and “authorised mortgage lender” in subsection (1) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

Minor definitions: Part XVIII.

623

In this Part—

• “dwelling-house” . . . shall be construed in accordance with subsection (2);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “owner”, in relation to premises—means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple absolute in the premises, whether in possession or in reversion, andincludes 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.

• (2) For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

Index of defined expressions: Part XVIII.

624

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):—

Final provisions

Short title, commencement and extent.

625

• (1) This Act may be cited as the Housing Act 1985.

• (2) This Act comes into force on 1st April 1986.

• (3) This Act extends to England and Wales only.

SCHEDULE 1

Long leases

1

A tenancy is not a secure tenancy if it is a long tenancy.

Premises occupied in connection with employment

2

• (1) Subject to sub-paragraph (4B)a tenancy is not a secure tenancy if the tenant is an employee of the landlord or of—

• a local authority,

• a development corporation,

• a housing action trust

• a Mayoral development corporation,

• an urban development corporation,

• . . ., or

• the governors of an aided school,

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

• (2) Subject to sub-paragraph (4B) a tenancy is not a secure tenancy if the tenant is a member of a police force and the dwelling-house is provided for him free of rent and rates in pursuance of regulations made under section 50 of the Police Act 1996 (general regulations as to government, administration and conditions of service of police forces).

• (3) Subject to sub-paragraph (4B)a tenancy is not a secure tenancy if the tenant is an employee of a fire and rescue authority and—

• (a) his contract of employment requires him to live in close proximity to a particular fire station, and

• (b) the dwelling-house was let to him by the authority in consequence of that requirement.

• (4) Subject to sub-paragraph (4A) and (4B)a tenancy is not a secure tenancy if—

• (a) within the period of three years immediately preceding the grant the conditions mentioned in sub-paragraph (1), (2) or (3) have been satisfied with respect to a tenancy of th dwelling-house, and

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

. . .

• (4A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (4) shall become a secure tenancy when the periods during which the conditions mentioned in sub-paragraph (1), (2) or (3) are not satisfied with respect to the tenancy amount in aggregate to more than three years.

• (4B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1), (2), (3) or (4) shall become a secure tenancy if the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.

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

Land acquired for development

3

• (1) A tenancy is not a secure tenancy if the dwelling-house is on land which has been acquired for development and the dwelling-house is used by the landlord, pending development of the land, as temporary housing accommodation.

• (2) In this paragraph “development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (general definition of development for purposes of that Act).

Accommodation for homeless persons

4

A tenancy granted in pursuance of any function under Part VII of the Housing Act 1996 (homelessness) ... is not a secure tenancy unless the local housing authority concerned have notified the tenant that the tenancy is to be regarded as a secure tenancy.

Temporary accommodation for persons taking up employment

5

• (1) Subject to sub-paragraphs (1A) and (1B), a tenancy is not a secure tenancy if—

• (a) the person to whom the tenancy was granted was not, immediately before the grant, resident in the district in which the dwelling-house is situated,

• (b) before the grant of the tenancy, he obtained employment, or an offer of employment, in the district or its surrounding area,

• (c) the tenancy was granted to him for the purpose of meeting his need for temporary accommodation in the district or its surrounding area in order to work there, and of enabling him to find permanent accommodation there, and

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

. . .

• (1A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of one year from the grant or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

• (1B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.

• (2) In this paragraph—

• “district” means district of a local housing authority; and

• “surrounding area”, in relation to a district, means the area consisting of each district that adjoins it

Short-term arrangements

6

A tenancy is not a secure tenancy if—

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

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

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

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

Temporary accommodation during works

7

A tenancy is not a secure tenancy if—

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

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

Agricultural holdings etc.

8

• (1) A tenancy is not a secure tenancy if—

• (a) the dwelling-house is comprised in an agricultural holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, or

• (b) the dwelling-house is comprised in the holding held under a farm business tenancy and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

• (2) In sub-paragraph (1) above—

• “ agricultural holding ” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

• “ farm business tenancy ”, and “ holding ” in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.

Licensed premises

9

A tenancy is not a secure tenancy if the dwelling-house consists of or includes premises licensed premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)” for consumption on the premises.

Student lettings

10

• (1) Subject to sub-paragraphs (2A) and (2B), a tenancy of a dwelling-house is not a secure tenancy if—

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

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

. . .

• (2) A landlord’s notice under sub-paragraph (1)(b) shall specify the educational establishment which the person concerned proposes to attend.

• (2A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of the period specified in sub-paragraph (3) or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

• (2B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.

• (3) The period referred to in sub-paragraph (2A) is—

• (a) in a case where the tenant attends a designated course at the educational establishment specified in the landlord’s notice, the period ending six months after the tenant ceases to attend that (or any other) designated course at that establishment;

• (b) in any other case, the period ending six months after the grant of the tenancy.

• (4) In this paragraph—

• “designated course” means a course of any kind designated by regulations made by the Secretary of State for the purposes of this paragraph;

• “educational establishment” means a university or institution which provides higher education or further education (or both); and for the purposes of this definition “higher education” and “further education” have the same meaning as in the Education Act 1996.

• (5) Regulations under sub-paragraph (4) 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.

1954 Act tenancies

11

A tenancy is not a secure tenancy if it is one to which Part II of the Landlord and Tenant Act 1954 applies (tenancies of premises occupied for business purposes).

Almshouses

12

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

• (a) the dwelling-house is an almshouse, and

• (b) the licence was granted by or on behalf of a charity which—

• (i) is authorised under its trusts to maintain the dwelling-house as an almshouse, and

• (ii) has no power under its trusts to grant a tenancy of the dwelling-house;

and in this paragraph “ almshouse ” means any premises maintained as an almshouse, whether they are called an almshouse or not; and “ trusts ”, in relation to a charity, means the provisions establishing it as a charity and regulating its purposes and administration, whether those provisions take effect by way of trust or not.

SCHEDULE 2

Part I — Grounds on which Court may Order Possession if it Considers it Reasonable

Ground 1

Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.

Ground 2

The tenant or a person residing in the dwelling-house has been guilty of conduct which is a nuisance or annoyance to neighbours, or has been convicted of using the dwelling-house or allowing it to be used for immoral or illegal purposes.

Ground 3

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.

Ground 4

The condition of furniture provided by the landlord for use under the tenancy, or for use in the common parts, has deteriorated owing to ill-treatment by the tenant or a person residing in the dwelling-house and, in the case of ill-treatment by 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.

Ground 5

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant.

Ground 6

The tenancy was assigned to the tenant, or to a predecessor in title of his who is a member of his family and is residing in the dwelling-house, by an assignment made by virtue of section 92 (assignments by way of exchange) and a premium was paid either in conection with that assignment or the assignment which the tenant or predecessor himself made by virtue of that section.

In this paragraph “premium” means any fine or other like sum and any other pecuniary consideration in addition to rent

Ground 2ZA

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, and—

Ground 8

The dwelling-house was made available for occupation by the tenant (or a predecessor in title of his) while works were carried out on the dwelling-house which he previously occupied as his only or principal home and—

Part II — Grounds on which the Court may Order Possession if Suitable Alternative Accommodation is Available

Ground 9

The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.

Ground 10

The landlord intends, within a reasonable time of obtaining possession of the dwelling-house—

and cannot reasonably do so without obtaining possession of the dwelling-house.

Ground 11

The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.

Part III — Grounds on which the Court may Order Possession if it Considers it Reasonable and Suitable Alternative Accommodation is Available

Ground 12

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—

Ground 13

The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling-house and—

Ground 14

The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (whether alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing, and—

Ground 15

The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and—

Ground 16

The accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant and—

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

Part IV — Suitability of Accommodation

1

For the purposes of section 84(2)(b) and (c) (case in which court is not to make an order for possession unless satisfied that suitable accommodation will be available) accommodation is suitable if it consists of premises—

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

• (b) which are to be let as a separate dwelling under a protected tenancy, not being a tenancy under which the landlord might recover possession under one of the Cases in Part II of Schedule 15 to the Rent Act 1977 (cases where court must order possession),

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

2

In determining whether the accommodation is reasonably suitable to the needs of the tenant and his family, regard shall be had to—

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

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

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

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

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

• (f) if furniture was provided by the landlord for use under the secure tenancy, whether furniture is to be provided for use in the other accommodation, and if so the nature of the furnitire to be provided.

3

Where possession of a dwelling-house is sought on ground 9 (overcrowding such as to render occupier guilty of offence), other accommodation may be reasonably suitable to the needs of the tenant and his family notwithstanding that the permitted number of persons for that accommodation, as defined in section 326(3) (overcrowding: the space standard), is less than the number of persons living in the dwelling-house of which possession is sought.

4

• (1) A certificate of the appropriate local housing authority that they will provide suitable accommodation for the tenant by a date specified in the certificate is conclusive evidence that suitable accommodation will be available for him by that date.

• (2) The appropriate local housing authority is the authority for the district in which the dwelling-house of which possession is sought is situated.

• (3) This paragraph does not apply where the landlord is a local housing authority.

SCHEDULE 3

Ground 1

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

Ground 2

Proceedings have been begun for possession of the dwelling-house of which the tenant or the proposed assignee is the secure tenant on one or more of grounds 1 to 6 in Part I of Schedule 2 (grounds on which possession may be ordered despite absence of suitable alternative accommodation), or there has been served on the tenant or the proposed assignee a notice under section 83 (notice of proceedings for possession) which specifies one or more of those grounds and is still in force.

Ground 3

The accommodation afforded by the dwelling-house is substantially more extensive than is reasonably required by the proposed assignee.

Ground 4

The extent of the accommodation afforded by the dwelling-house is not reasonably suitable to the needs of the proposed assignee and his family.

Ground 5

The dwelling-house—

Ground 6

The landlord is a charity and the proposed assignee’s occupation of the dwelling-house would conflict with the objects of the charity.

Ground 7

The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house and if the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 8

The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing and if the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 9

The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs and if the assignment were made there would no longer be a person with those special needs residing in the dwelling-house.

SCHEDULE 4

Introductory

1

The period to be taken into account—

• (a) for the purposes of section 119 (qualification for right to buy), and

• (b) for the purposes of section 129 (discount).

is the period qualifying, or the aggregate of the periods qualifying, under the following provisions of this Schedule.

Periods occupying accommodation subject to public sector tenancy

2

A period qualifies under this paragraph if it is a period during which, before the relevant time—

• (a) the secure tenant, or

• (b) his spouse or civil partner(if they are living together at the relevant time), or

• (c) a deceased spouse , or deceased civil partner, of his (if they were living together at the time of the death),

was a public sector tenant or was the spouse or civil partnerof a public sector tenant and occupied as his only or principal home the dwelling-house of which the spouse or civil partner was such a tenant.

3

For the purposes of paragraph 2 a person who, as a joint tenant under a public sector tenancy, occupied a dwelling-house as his only or principal home shall be treated as having been the public sector tenant under that tenancy.

4

• (1) This paragraph applies where the public sector tenant of a dwelling-house died or otherwise ceased to be a public sector tenant of the dwelling-house, and thereupon a child of his who occupied the dwelling-house as his only or principal home (the “new tenant”) became the public sector tenant of the dwelling-house (whether under the same or under another public sector tenancy).

• (2) A period during which the new tenant, since reaching the age of 16, occupied as his only or principal home a dwelling-house of which a parent of his was the public sector tenant or one of joint tenants under a public sector tenancy, being either—

• (a) the period at the end of which he became the public sector tenant, or

• (b) an earlier period ending two years or less before the period mentioned in paragraph (a) or before another period within this paragraph,

shall be treated for the purposes of paragraph 2 as a period during which he was a public sector tenant.

• (3) For the purposes of this paragraph two persons shall be treated as parent and child if they would be so treated under section 186(2) (members of a person’s family: relationships other than those of the whole blood).

Periods occupying forces accommodation

5

A period qualifies under this paragraph if it is a period during which, before the relevant time—

• (a) the secure tenant, or

• (b) his spouse or civil partner(if they are living together at the relevant time), or

• (c) a deceased spouse , or deceased civil partner, of his (if they were living together at the time of the death),

occupied accommodation provided for him as a member of the regular armed forces of the Crown or was the spouse or civil partner of a person occupying accommodation so provided and also occupied that accommodation.

Meaning of “public sector tenant”

6

• (1) In this Schedule a “public sector tenant” means a tenant under a public sector tenancy.

• (2) For the purposes of this Schedule, a tenancy, other than a long tenancy, under which a dwelling-house was let as a separate dwelling was a public sector tenancy at any time when the conditions described below as the landlord condition and the tenant condition were satisfied.

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

• (4) Sub-paragraph (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

7

• (1) The landlord condition is, subject to paragraphs 7A and 7B and and to any order under paragraph 8, that the interest of the landlord belonged to, or to a predecessor of—

• a local authority,

• a development corporation,

• a housing action trust

• the Development Board for Rural Wales,

• an urban development corporation,

• a Mayoral development corporation,

• the Commission for the New Towns,

• the Regulator of Social Housing or Housing for Wales,

• a a non-profit registered provider of social housing which is not a co-operative housing association,registered social landlord which is not a co-operative housing association,