Housing Act 1988
- “ block of flats ” means a building containing two or more flats;
- “ common parts ”, in relation to a building containing two or more flats, means any parts of the building which the tenants of the flats are entitled under the terms of their tenancies to use in common with each other;
- “ flat ” and “ house ” have the meanings given by section 183 of the Housing Act 1985;
and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on ... a secure tenancy or an introductory tenancy is so specified.
- (7) For the purposes of subsection (6) above, a building which contains—
- (a) one or more flats which are let, or available for letting, on ... secure tenancies or introductory tenancies by the housing action trust concerned, and
- (b) one or more flats which are not so let or so available,
shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.
Jurisdiction of county courts.
Determinations under Part II.
Information as to determinations of rents in Wales.
Preservation of right to buy on disposal to private sector landlord: Scotland.
Repair notices.
Application of Parts IV and V of Housing Act 1985.
3A
A tenancy—
- (a) which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and
- (b) under which the rent payable for the time being is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year and, if it is elsewhere, £250 or less a year.
3B
A tenancy—
- (a) which was entered into before 1st April 1990 or, where the dwelling-house had a rateable value on the 31st March 1990, on or after 1st April 1990 in pursuance of a contract made before that date, and
- (b) under which the rent for the time being payable is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.
3C
Paragraph 2(2) above applies for the purposes of paragraphs 3, 3A and 3B as it applies for the purposes of paragraph 2(1).
Family intervention tenancies
12ZA
- (1) A family intervention tenancy.
- (2) But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy.
- (3) In this paragraph “ a family intervention tenancy ” means, subject to sub-paragraph (4), a tenancy granted by a private registered provider of social housing or a registered social landlord (“ the landlord ”) in respect of a dwelling-house—
- (a) to a person (“ the new tenant ”) against whom a possession order under section 7 in respect of another dwelling-house—
- (i) has been made, in relation to an assured tenancy, on ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA or 14A of Part 2 of Schedule 2;
- (ii) could, in the opinion of the landlord, have been so made in relation to such a tenancy; or
- (iii) could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and
- (b) for the purposes of the provision of behaviour support services.
- (4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
- (5) A notice under this sub-paragraph is a notice stating—
- (a) the reasons for offering the tenancy to the new tenant;
- (b) the dwelling-house in respect of which the tenancy is to be granted;
- (c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
- (d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
- (e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
- (f) any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
- (6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
- (7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
- (8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
- (9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
- (10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
- (a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) Subject to this, a statutory instrument containing regulations made under this paragraph—
- (a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) In this paragraph—
- “appropriate national authority”—in relation to England, means the Secretary of State . ...
- “ behaviour support agreement ” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons);
- “ behaviour support services ” means relevant support services to be provided by any person to— the new tenant; orany person who is to reside with the new tenant;for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
- “ family intervention tenancy ” has the meaning given by sub-paragraph (3);
- “ landlord ” has the meaning given by sub-paragraph (3);
- “local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act);
- “ the new tenant ” has the meaning given by sub-paragraph (3)(a);
- “ registered social landlord ” has the same meaning as in Part 1 of the Housing Act 1996;
- “ relevant support services ” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.
Accommodation for asylum-seekers
12A
- (1) A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 4 or Part VI of the Immigration and Asylum Act 1999 .
- (2) “Private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985.
...
12B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—
and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.
The tenancy is a fixed term tenancy for a term not exceeding eight months and—
The tenancy is a fixed term tenancy for a term not exceeding twelve months and—
The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—
The landlord who is seeking possession or, if that landlord is a non-profit registered provider of social housing, registered social landlord or charitable housing trust, or (where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008) a profit-making registered provider of social housing, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—
For the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, within the meaning of the Charities Act 1993.
The tenancy is a periodic tenancy (including a statutory periodic tenancy), or a fixed term tenancy of a dwelling-house in England, which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.
Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
and for the purpose of this ground “rent” means rent lawfully due from the tenant.
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.
Some rent lawfully due from the tenant—
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other 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 tenant or a person residing in or visiting the dwelling-house—
Ground 14A
The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—
The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by 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 let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.
For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.
Ground 17
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—
SCHEDULE 2A
Tenancies excluded by notice
1
- (1) An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.
- (2) The notice referred to in sub-paragraph (1) above is one which—
- (a) is served before the assured tenancy is entered into,
- (b) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy, and
- (c) states that the assured tenancy to which it relates is not to be an assured shorthold tenancy.
2
- (1) An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.
- (2) The notice referred to in sub-paragraph (1) above is one which—
- (a) is served after the assured tenancy has been entered into,
- (b) is served by the landlord under the assured tenancy on the tenant under that tenancy, and
- (c) states that the assured tenancy to which it relates is no longer an assured shorthold tenancy.
Tenancies containing exclusionary provision
3
An assured tenancy which contains a provision to the effect that the tenancy is not an assured shorthold tenancy.
Tenancies under section 39
4
An assured tenancy arising by virtue of section 39 above, other than one to which subsection (7) of that section applies.
Former secure tenancies
5
An assured tenancy which became an assured tenancy on ceasing to be a secure tenancy.
Former demoted tenancies
5A
An assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).
Tenancies under Schedule 10 to the Local Government and Housing Act 1989
6
An assured tenancy arising by virtue of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies).
Tenancies replacing non-shortholds
7
- (1) An assured tenancy which—
- (a) is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the tenant (or, in the case of joint tenants, one of the tenants) under an assured tenancy other than a shorthold tenancy ( “the old tenancy”),
- (b) is granted (alone or jointly with others) by a person who was at that time the landlord (or one of the joint landlords) under the old tenancy, and
- (c) is not one in respect of which a notice is served as mentioned in sub-paragraph (2) below.
- (2) The notice referred to in sub-paragraph (1)(c) above is one which—
- (a) is in such form as may be prescribed,
- (b) is served before the assured tenancy is entered into,
- (c) is served by the person who is to be the tenant under the assured tenancy on the person who is to be the landlord under that tenancy (or, in the case of joint landlords, on at least one of the persons who are to be joint landlords), and
- (d) states that the assured tenancy to which it relates is to be a shorthold tenancy.
8
An assured tenancy which comes into being by virtue of section 5 above on the coming to an end of an assured tenancy which is not a shorthold tenancy.
Assured agricultural occupancies
9
- (1) An assured tenancy—
- (a) in the case of which the agricultural worker condition is, by virtue of any provision of Schedule 3 to this Act, for the time being fulfilled with respect to the dwelling-house subject to the tenancy, and
- (b) which does not fall within sub-paragraph (2) or (4) below.
- (2) An assured tenancy falls within this sub-paragraph if—
- (a) before it is entered into, a notice—
- (i) in such form as may be prescribed, and
- (ii) stating that the tenancy is to be a shorthold tenancy,
is served by the person who is to be the landlord under the tenancy on the person who is to be the tenant under it, and
- (b) it is not an excepted tenancy.
- (3) For the purposes of sub-paragraph (2)(b) above, an assured tenancy is an excepted tenancy if—
- (a) the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it is granted, a tenant or licensee under an assured agricultural occupancy, and
- (b) the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it is granted, a landlord or licensor under the assured agricultural occupancy referred to in paragraph (a) above.
- (4) An assured tenancy falls within this sub-paragraph if it comes into being by virtue of section 5 above on the coming to an end of a tenancy falling within sub-paragraph (2) above.
Increase in value of house attributable to home improvements
1A
- (1) In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—
- (a) by the person by whom the disposal is, or is to be, made, and
- (b) after the conveyance, grant or assignment and before the disposal,
shall be disregarded.
- (2) The amount to be disregarded under this paragraph shall be such amount as may be agreed between the parties or determined by the district valuer.
- (3) The district valuer shall not be required by virtue of this paragraph to make a determination for the purposes of this paragraph unless—
- (a) it is reasonably practicable for him to do so; and
- (b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.
- (4) If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.
Right of first refusal for housing action trust
2A
- (1) This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.
- (2) On the disposal, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.
- (3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.
- (4) In sub-paragraph (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.
- (5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—
- (a) a housing action trust which has made a disposal as mentioned in sub-paragraph (1), or
- (b) such other person as is determined in accordance with the regulations,
a right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B.
- (6) The disposals within this sub-paragraph are—
- (a) a reconveyance or conveyance of the house; and
- (b) a surrender or assignment of the lease.
- (7) Regulations under this paragraph may, in particular, make provision—
- (a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;
- (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;
- (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;
- (d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;
- (e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;
- (f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;
- (g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;
- (h) for the manner in which any offer, acceptance or notification is to be communicated.
- (8) In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title.
Nothing in that sub-paragraph affects the generality of sub-paragraph (5).
- (9) Regulations under this paragraph—
- (a) may make different provision with respect to different cases or descriptions of case; and
- (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (10) The limitation imposed by a covenant within sub-paragraph (3) is a local land charge.
- (11) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.
Consideration payable for disposal under paragraph 2A
2B
- (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in paragraph 2A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that paragraph).
- (2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor.
- (3) If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.
- (4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under paragraph 2A).
Treatment of deferred resale agreements
8
- (1) If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
- (2) In sub-paragraph (1) “the appropriate time” means—
- (a) the time when the agreement is entered into, or
- (b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.
- (3) An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person—
- (a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 79,
- (b) which is made before the end of the discount repayment period, and
- (c) under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.
- (4) Such an agreement is within sub-paragraph (3)—
- (a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and
- (b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.
- (5) The Secretary of State may by order provide—
- (a) for sub-paragraph (1) to apply to agreements of any description specified in the order in addition to those within sub-paragraph (3);
- (b) for sub-paragraph (1) not to apply to agreements of any description so specified to which it would otherwise apply.
- (6) An order under sub-paragraph (5)—
- (a) may make different provision with respect to different cases or descriptions of case; and
- (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (7) In this paragraph—
- “agreement” includes arrangement;
- “the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3)(depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).
1
The repeal of sections 19 to 21 of the Rent Act 1977 does not apply with respect to any tenancy or contract entered into before the coming into force of Part I of this Act nor to any other tenancy or contract which, having regard to section 36 of this Act, can be a restricted contract.
2
The repeal of section 52 of the Housing Act 1980 (protected shorthold tenancies) does not apply with respect to any tenancy entered into before the coming into force of Part I of this Act nor to any other tenancy which, having regard to section 34 of this Act, can be a protected shorthold tenancy.
3
The repeal of sections 56 to 58 of the Housing Act 1980 does not have effect in relation to any tenancy of a dwelling-house in Wales to which, by virtue of section 37(2) of this Act, section 1(3) of this Act does not apply.
4
The repeals in section 80 of the Housing Act 1985—
- (a) have effect (subject to section 35(5) of this Act) in relation to any tenancy or licence entered into before the coming into force of Part I of this Act unless, immediately before that time, the landlord or, as the case may be, the licensor is a body which, in accordance with the repeals, would cease to be within the said section 80; and
- (b) do not have effect in relation to a tenancy or licence entered into on or after the coming into force of Part I of this Act if the tenancy or licence falls within any of paragraphs (c) to (f) of subsection (4) of section 35 of this Act and
- (c) do not have effect in relation to a tenancy while it is a housing association tenancy.
Editorial notes
[^c12865621]: The text of ss. 1–45, 115–121, 138–141, Schs. 1–4, 13, 14, Sch. 17 paras. 1–17, 21–26, 29–36, 67–76, 81–88, 90, 98–100, 114, Sch. 18 was taken from S.I.F. Group 75:1(Landlord and Tenant: General, England and Wales); the text of ss. 46–114, 121–141, Schs. 5–12, 15–18 was taken from S.I.F. Group 61 (Housing); provisions omitted from S.I.F. have been dealt with as referred to in other commentary
[^c12865631]: Act restricted (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 6(1)(b); S.I. 1993/1655, art. 2
[^c12865641]: Act excluded (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para.8; S.I. 1993/2762, art. 3 Act excluded (1.10.1998) by 1975 c. 70, Sch. 4 Pt. IV para. 16 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4 Act excluded (25.11.1999 for the purposes of regional development agencies established on that date, otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2
[^c12865651]: Act: certain functions of a Minister of the Crown in so far as exercisable in relation to Wales transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
[^c18853221]: S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 18(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
[^c18853211]: S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(5)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
[^c18853201]: S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(5)(b); S.I. 2006/1060 {art. 2(1)(a)} (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
[^c18853191]: S. 1(2) excluded (16.6.2006 for W. and 6.4.2006 for E.) by Housing Act 2004 (c. 34), ss. 124(8), 270 (with s. 124(9)(10)); S.I. 2006/1535, art. 2(a) (with Sch.); S.I. 2006/1060, art. 2
[^c12865771]: S. 1(2A) inserted by S.I. 1990/434, reg. 2, Sch. para. 27
[^c12865781]: 1980 c. 51.
[^c12865791]: S. 1(6)(7) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provisions in Sch. para. 1)
[^c20514581]: S. 5(1)(1A) substituted (20.5.2009) for s. 5(1) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 6(2) (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}
[^c20514661]: Words in s. 5(2)(a) inserted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 6(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3
[^c18757661]: S. 5(5A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 222(1)(2), 270(3)(a)
[^c12865811]: 1925 c. 20.
[^c12865821]: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101
[^c12865831]: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101(2)
[^c12865841]: S. 7(5A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101(3)
[^c20514801]: Words in s. 7(7) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 7 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}
[^c12865851]: Words in s. 8(1)(a) substituted (28.2.1997) by 1996 c. 52, s. 151(2); S.I. 1997/225, art. 1 (with Sch.)
[^c12865861]: Words in s. 8(3)(b) substituted (28.2.1997) by 1996 c. 52, s. 151(3); S.I. 1997/225, art. 1 (with Sch.)
[^c12865871]: S. 8(4)-(4B) substituted for s. 8(4) (28.2.1997) by 1996 c. 52, s. 151(4); S.I. 1997/225, art. 2 (with Sch.)
[^c12865881]: S. 8A inserted (28.2.1997) by 1996 c. 52, s. 150; S.I. 1997/225, art. 2 (with Sch.)
[^c20514851]: Words in s. 9(3) omitted (20.5.2009) by virtue of and repealed (prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 8(2), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}
[^c20514911]: S. 9(5)(5A) omitted (20.5.2009) by virtue of and repealed (prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 8(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}
[^c18692291]: S. 6A inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 14(4); S.I. 2004/1502, art. 2(a)(iii) (with savings in Sch.); S.I. 2005/1225, art. 2(b)
[^c18705161]: S. 9A inserted (30.6.2004 for E. and 30.9.2004 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 16(2); S.I. 2004/1502, art. 2(a)(v) (with Sch.) and S.I. 2004/2557, art. 2(a)(iii) (with Sch.)
[^c18708701]: Words in s. 13(2)(b) substituted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(a)(i)
[^c18708821]: Words in s. 13(2)(c) substituted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(a)(ii)
[^c18710081]: S. 13(3A)(3B) inserted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(b)
[^c12866031]: S. 14(2)(4)(5) applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 6(4)(5), 7, 11(6), 12(2)(3), 21, 22
[^c12866041]: S. 14(3A)(3B) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(2)
[^c12866061]: 1985 c. 70.
[^c12866071]: Words in s. 14(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(3)
[^c12866091]: S. 14(9) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(2); S.I. 1997/225, art. 2 (with Sch.)
[^c12866101]: Ss. 14A, 14B inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 8
[^c12866111]: Ss. 14A, 14B inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 8
[^c12866121]: 1927 c. 36.
[^c12866131]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 102
[^c12866141]: S. 17 extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(4)(6); S.I. 1997/1892, art. 3
[^c18759111]: Words in s. 17(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 41(1)(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1
[^c18759211]: Words in s. 17(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 41(1)(4); S.I. 2005/3175, art. 2(1), Sch. 1
[^c12866151]: S. 18(1) restricted (1.11.1993) by 1993 c. 28, s. 61, Sch. 14 para. 3(2)(c); S.I. 1993/2134, arts. 2,5
[^c12866171]: S. 19A inserted (28.2.1997) by 1996 c. 52, s. 96(1); S.I. 1997/225, art. 2 (with Sch.)
[^c12866181]: S. 20(1) and side-note substituted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(3); S.I. 1997/225, art. 2 (with Sch.)
[^c12866191]: S. 20(5A) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(4); S.I. 1997/225, art. 2 (with Sch.)
[^c12866201]: S. 20(7) repealed (28.2.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. IV; S.I. 1997/225, art. 2 (with Sch.)
[^c12866211]: S. 20A inserted (28.2.1997) by 1996 c. 52, s. 97; S.I. 1997/225, art. 2 (with Sch.)
[^c12866231]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 103
[^c12866241]: Words in s. 21(1)(b) inserted (28.2.1997) by 1996 c. 52, s. 98(2); S.I. 1997/225, art. 2 (subject to saving in Sch. para. 2)
[^c20515131]: Words in s. 21(3) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 9(2) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3
[^c12866251]: Words in s. 21(4)(a) inserted (28.2.1997) by 1996 c. 52, s. 98(3); S.I. 1997/225, art. 2 (subject to saving Sch. para. 2)
[^c20515181]: S. 21(4A) inserted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 9(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3
[^c12866261]: S. 21(5)-(7) inserted (28.2.1997) by 1996 c. 52, s. 99; S.I. 1997/225, art. 2 (with Sch.)
[^c18719311]: S. 21(5A) inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15(2), 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)
[^c12866271]: Words in s. 22(1) repealed (28.2.1997) by 1996 c. 52, ss. 104, 227, Sch. 8 para. 2(5), Sch. 19 Pt. IV; S.I. 1997/225, art. 2 (with Sch.)
[^c12866281]: Word in s. 22(2)(a) repealed (28.2.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. IV; S.I. 1997/225, art. 2
[^c12866291]: S. 22(2)(aa) inserted (28.2.1997) by 1996 c. 52, s. 100(2); S.I. 1997/225, art. 2 (with Sch.)
[^c12866301]: S. 22(5A) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(6); S.I. 1997/225, art. 2 (with Sch.)
[^c12866311]: S. 22(6) inserted (28.2.1997) by 1996 c. 52, s. 100(3); S.I. 1997/225, art. 2 (with Sch.)
[^c18718081]: S. 20B inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15, 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)
[^c12866351]: Words inserted by S.I. 1990/434, reg. 2, Sch. para. 28
[^c12866361]: Words substituted by S.I. 1990/434, reg. 2, Sch. para. 28
[^c12866371]: Words in s. 24(2)(b) inserted (28.2.1997) by 1996 c. 52, s. 103(2); S.I. 1997/225, art. 2 (with Sch.)
[^c12866381]: S. 24(2A) inserted (28.2.1997) by 1996 c. 52, s. 103(3); S.I. 1997/225, art. 2 (with Sch.)
[^c12866391]: 1976 c. 80.
[^c12866321]: Pt. I Chapter III modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(5)(6)(with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (with art. 4)
[^c12866401]: 1985 c. 68.
[^c12866411]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 79(1)
[^c12866421]: 1977 c. 43.
[^c12866481]: 1977 c. 42.
[^c12866491]: 1976 c. 80.
[^c12866501]: S. 34(1)(d) substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 104
[^c20516251]: Words in s. 34(1)(d) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 37 (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c12866511]: Words in s. 34(3) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(7); S.I. 1997/225, art. 2 (with Sch.)
[^c12866521]: 1976 c. 80.
[^c12866531]: 1977 c. 42.
[^c12866851]: 1985 c. 68.
[^c12866861]: S. 35(2)(d) substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 105(1)
[^c20516521]: Words in s. 35(2)(d) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 38(2) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c12866871]: Words in s. 35(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(2)
[^c12866881]: 1985 c. 68.
[^c12866891]: 1977 c. 42.
[^c12866901]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 105(2)
[^c20516551]: Word in s. 35(4)(a) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 38(3)(a) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c12866911]: Words in s. 35(4)(a) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 15 (with ss. 139(2), 141(3), 143(2)); S.I. 1998/2244, art. 4
[^c20516581]: S. 35(4)(ba) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 38(3)(b) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c20516881]: S. 35(5) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-11)
[^c12866921]: Words in s. 35(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 60; S.I. 1998/2244, art. 5
[^c12866931]: Words in s. 35(5) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(2)
[^c12866941]: 1985 c. 68.
[^c12866951]: 1980 c. 51.
[^c12866961]: 1954 c. 56.
[^c12866971]: 1954 c. 56.
[^c12866981]: 1980 c. 51.
[^c12867201]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(1)
[^c12867211]: Words in s. 38(3) substituted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(3)(a)
[^c20517651]: Words in s. 38(3) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(2) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c20517681]: Words in s. 38(4) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(3) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c12867221]: 1985 c. 68.
[^c12867231]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(2)
[^c20517701]: S. 38(4ZA) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(4) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c12867241]: S. 38(4A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(3)
[^c12867251]: Words in s. 38(4A) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(3)
[^c12867261]: S. 38(4B) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(3)(b)
[^c20517741]: S. 38(4BA) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(5) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c20517761]: Word in s. 38(5)(a) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(6)(a) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c20517781]: Words in s. 38(5)(a) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(6)(b) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c12867271]: S. 38(5)(c) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
[^c20517801]: S. 38(5A) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(7) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
[^c12867281]: 1977 c. 42.
[^c12867291]: 1976 c. 80.
[^c12867321]: 1977 c. 42.
[^c12867331]: 1976 c. 80.
[^c12867341]: Words in s. 39(7) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(8); S.I. 1997/225, art. 2 (with Sch.)
[^c12867371]: S. 40 extended (1.7.1991) by S.I. 1991/724, art.2(1)(o)
[^c12867381]: S. 40(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Schedule Pt.I
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